Thursday, September 21, 2017

Could you please tell us about fighting online (internet) trademark counterfeiting and infringement in Vietnam?

Yes, the internet IPR infringement in Vietnam is popularly occurring in sophisticated forms which have caused a lot of difficulties for the IPR holder and the Vietnamese Law Enforcement Authorities.

alt1. Legal grounds

The online (internet) trademark counterfeiting and infringement may be handled in accordance with the civil, criminal or administrative remedy under the IP Law of Vietnam.

2. The current situation of online (internet) trademark counterfeiting and infringement

During the past time, the booming of internet services in Vietnam has facilitated the IPR infringement to seek illicit profits. In order to sell the counterfeit online, the IPR infringers normally register a domain name which is similar to the prestigious traders, or the authorized sellers in Vietnam in order to advertise the sale of branded products with the discounted price in order to allure consumers. The internet sellers even guarantee that the products are directly bought from foreign countries in order to raise the confidence for consumers. The internet sellers can easily post pictures showings genuine products, but then ship counterfeits to the consumers once the sale is placed online.

The goods which are most popular for internet infringement in Vietnam are cosmetics, clothes, glasses, bags, wallets etc.

Some of the internet items such as Lacost T-shirt at the price of 79.000 VND (4 US$), Lancôme perfume, Trésor Midnight Rose (75ml) at the price of 220.000 VND (11 USD), Adidas T-shirt at the price of 76.000 VND (3,5 USD), Louis Vuitton Belts at the price of 69.000 VND; Gucci Glasses, Dior Glasses at the price of 79.000 VND, Chanel Perfume at the price of  47.000 VND, Loréal cream at the price of  115.000đ...

The Vietnamese Law Enforcement Authority in Ho Chi Minh City traced the address on the internet with the intention to handle the IPR infringement several times. However, the addresses recorded on some websites advertising the sales of products  do not exist or there is no products available when the enforcement authority approach the address of the shops advertising to sell the products on internet.

We found a court case during our searches on internet relating to the person who sold the counterfeits products online. From August 2009 to 2011, Doan Van Duc, a 27-year-old man established an online sale website. He posted the pictures of genuine products about the bags, footwear, glasses bearing the mark "Louis Vuitton, Chanel etc.", with the discounted price. With this tricks, he earned the illicit amount of 250 million Vietnam Dong (12,5 thousand USD). He was then sentenced to 7 year imprisonment.

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