Joint Efforts against Fake Products

Joint Efforts against Fake Products

 Fake products and violation of intellectual property are causing serious concern among Vietnamese enterprises. To improve the business environment, the Ministry of Trade has sponsored a round table on protection of trademarks and against fake products.

Problems

Mr Nguyen Duc Thinh, Head of Market Management Board. Ministry of Trade (MOT), said that in recent years fake products have flooded the market increasingly violating copyrights, trademarks, labels and origins of products. The influx of fake products from foreign countries is most alarming.  The report of the Department of Intellectual Property disclosed that in five years (1998-2000), there were 18,729 cases of fake and poor quality products.  More serious still, the violations increased from 2,000 cases in 1998 to 5,977 cases in 2004. The violations in software application are 95 per cent and in film sector 100 per cent.

Mr Do Thang Hai, Deputy Head, Trade Promotion Department (MOT) believed that the fight against fake products was difficult and would take a long time. Although Vietnamese laws have met the demand of the international trade, certain shortfalls remain such as inconsistency, overlapping and unspecific. Too many offices involve in the enforcement of the intellectual property namely police, tribunal, market management, customs, sector inspector and local authorities.

Sharing the same view, Mr Le The Bao, Chairman, Association of trademark protection and against fake products, said that Vietnamese laws are not strong enough, the highest penalty is only VND100 million, while in the United States it is USUS$2 million and 5-10 years imprisonment, and even USUS$5 million and 10 years of imprisonment for theft of commercial secret.

Solutions

The intellectual property is still new in Vietnam. Small and medium size enterprises show little interest in developing and protecting their intellectual property. According to Mr Nguyen Duc Thinh,  Vietnam must have a legal system against fake products and violations of intellectual property compatible with international law and Vietnamese conditions. It must be specific and applicable. The enforcement and coordination between related agencies must also be strengthened.

Mr Do Thang Hai said that in 2005, Trade Promotion Department will award the enterprises that have good record in marketing and trademarks. The department in conjunction with Pham & Associates law firm will establish a hot-line providing service free of charge on registration of trademarks and intellectual property. The department will also assist in the advertisement of Vietnamese products in foreign countries.

• Kim Phuong