To seek out effective solutions to enhance coordination between authorities and businesses, to uphold the role of businesses in raising the self-awareness of safeguarding their goods and intellectual property, the Market Surveillance Agency under the Ministry of Industry and Trade in cooperation with the European Trade Policy and Investment Support Project (EU-MUTRAP) recently organised a workshop called “Businesses accompany market authorities in the fight against counterfeits and intellectual property infringements” in Ho Chi Minh City.
In the past years, although the fight against counterfeiting and intellectual property infringement has been carried out by authorities, the development of knockoffs and fakes remains very complicated, causes direct impacts on the life, health and property of consumers as well as interests of business owners and leaves negative effects on society and economy. In the first quarter of 2014 alone, market management forces across the country unearthed 40,000 violations relating to counterfeit consumer goods and intellectual property infringements, of which some 25,000 cases were handled and fined more than VND70 billion (nearly US$3.5 million). However, compared to the reality, the counterfeiting is much worse and violations must have been multiplied.
Do Thanh Lam, Director of the Market Surveillance Agency, said the ineffective fight against counterfeiting is resulted from increasingly complicated and sophisticated acts of counterfeiters and dealers, from overlapping, inconsistent enforcement mechanisms, from lax cooperation of competent authorities, and especially from irregular, unsystematic collaboration between businesses and enforcement agencies. In this regard, he said, in addition to regular and close coordination with authorities, many businesses remain uninterested, indifferent and even spurned because they fear violation cases may affect their credibility and sales. In addition, they fear that if they provide product identity to differentiate knockoffs and counterfeits, their information will help counterfeiters make knockoffs and counterfeits more similar to genuine ones.
He added “In the fight against counterfeiting, businesses hold a very important role because they are the owners of property rights and goods and they understand their things more than any other. Fighting counterfeit products will not produce desired effects without the active, positive participation of businesses.” He thus recommended that businesses build specialised divisions in charge of protecting intellectual property rights, working with market management agencies when required and applying product safeguarding measures to prevent counterfeiting. Besides, they will apply administration methods to preclude the presence of knockoffs and counterfeits in distribution systems. For its part, the Market Surveillance Agency will regularly update legal documents, enhance the transparency of processes and procedures concerning the handling of intellectual property infringements, and facilitate enterprises to participate in the processes of investigating and handling counterfeiting and intellectual property infringement. The agency is also willing to listen to feedbacks about difficulties and problems in contacting and coordinating mechanisms to strengthen cooperation between businesses and enforcement agencies.
Nguyen Thanh Hong, Head of Complaints Execution and Settlement Department at the National Office of Intellectual Property of Vietnam (NOIP), said up to 90 percent of goods are counterfeits and knockoffs made in foreign nations and imported into Vietnam for consumption. Methods and means brought into Vietnam are also aimed to make counterfeit goods. Even, some countries have informed that counterfeits exported from Vietnam have been settled when being imported into their countries. He affirmed that “At present, industrial property infringements are seen in all goods and services, especially those under strict registration and examination processes of authorities. Therefore, equipping the knowledge of intellectual property rights and having the involvement of businesses in both personnel and financial resources will help minimise difficulties for them on the front line against counterfeiting.” He added that the protection of property rights must rest on not only the efforts of State agencies and but also on the active cooperation of businesses. This not only enhances the efficiency of the fight against counterfeiting but also safeguards interests of enterprises. Specifically, when counterfeit products and knockoffs are detected, enterprises must promptly notify State agencies of locations found and identity characteristics to distinguish genuine goods with counterfeit ones.
Pham Van Huu, Deputy Director of the Khanh Hoa Market Surveillance Department, said currently most well-branded items have high prices while those of counterfeit goods and knockoffs are low, resulting in an apparent acceptance of consumers although they are aware of counterfeits and knockoffs. Hence, he said, one of the most effective measures to prevent counterfeit goods and knockoffs is cutting production costs to lower selling prices to bring genuine products to more consumers.
My Chau
Vietnamese
