Many Barriers for Intellectual Property Protection

The violation of intellectual property rights is now expressed in various new methods and tricks like applying high technology and modern equipment to make fake goods to disable the discrimination of consumers and authorities. These acts of violation are more dangerous in the nature of violation. These well-organised violations even go beyond the Vietnamese territory.

 

Intellectual property crimes are characteristically very complex because violators normally have financial capacity, high level of professions, techniques, skills and knowledge in the fields violated. Some violators are also in office with important powers. In addition, the boom of science and technology has created a variety of devices, tools and vehicles for criminals, thus it is becoming increasingly difficult and sophisticated for detection. Intellectual property violations have caused damage or threatened the national economy as well as every industry and every field, hurt property, health and life of humans, affect the whole community, suppress creativity, and concern investors.

 

However, the settlement of intellectual property violations remains difficult and inadequate. Intellectual property rights violations are increasing in number and they are more and more difficult to identify. Once discovered, they are only subjected to civil or administrative punishments. This shows that the fight against intellectual property infringement fails to meet expectations, especially when Vietnam signed into international pacts on intellectual property protection in the process of international economic integration.

 

In the integration process, the excessive competition and immediate profit force many producers to copy and counterfeit goods with good reputation, trust, quality and design. This is one of the main causes to the spreading illegitimate production and trade of counterfeits and copycats.

 

Many manufacturers, inventors and patent owners are not aware of registering for protection. Very few companies have divisions responsible for intellectual property issues, have intellectual property strategies, and integrate intellectual property into development strategies. Intellectual property is not managed as other properties.

 

Policies and regulations on intellectual property and infringement settlement are insufficient and inconsistent. Especially, new measures and sanctions mainly limit to administrative punishments - not enough to deter violators. Criminal sanctions are applied to only individuals while intellectual property crime is committed by groups. Provisions on elements constituting industrial property violation, copyright infringement, counterfeiting crimes and trafficking crimes are not updated to the Law on Property Law 2005 and are not comply with international conventions Vietnam has signed or entered like Vietnam - US Bilateral Trade Agreement and WTO agreements.