Tuesday, January 16, 2018

Handling of violations patents in the pharmaceutical sector in Vietnam

Per year, the Inspectorate of the Ministry of Science and Technology received from 10 - 20 dossiers dealing with violations related to pharmaceutical patents. However, the handling of the agencies still face many difficulties, but one of the main reason lies in the awareness of the business. Dai Doan Ket had an interview with Mr. Pham Van Toan, Chief Inspector of 3 - Ministry of Science and Technology around this problem.

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Mr Pham Van Toan

Sir, what is the general patent violations and violation of pharmaceutical patents with particular? Status of violating Intellectual Property rights (IPR) in the field of pharmaceutical patents in Vietnam today?


- Under the provisions of the law, an invention meets the protection requirements such as novelty, inventive step and capable of industrial application, after a period of research protection agency, will be the degree of protection of IP Department. Once protected, the violations to the claims described in the patent without the consent of the owner of the patent violations.

Compared to other violations subject to industrial property rights such as trademarks, industrial designs, trade names, patent violations related to pharmaceutical products. Average annual Inspection of Science and Technology received from 10 - 20 dossiers abuse treatment, mainly due to foreign pharmaceutical companies suggest Richter of Hungary, Bayer of Germany .. .

The figure above reflects all status of a pharmaceutical patent infringement?

- In fact, foreign companies have patent protection in Vietnam have used measures of technology and trade secrets to protect the product. Therefore, violations in this area fell against the violation of trademarks, industrial designs. On the other hand, in the process of integration, Vietnamese enterprises was somewhat aware of the violations and sanctions for violations of patents, so they know to avoid and use other measures to bring products the market.

So the violation of pharmaceutical patents affect how businesses and consumers?

- Of course, this will directly affect the patent owner has been protected by the owner to spend a lot of money and effort can create a patent to meet security requirements households. The breach of inventions at no cost from birth to the present invention, so production costs can be reduced significantly. And, if that ensure product quality, consumers will benefit from cheaper prices.
The main difficulty faced by the authorities in the process is what, sir?

- The biggest problem lies in the perception of the business. Many companies that patent products containing suspected violation has been Drug Administration - Department of Health licenses in circulation, so their liability was completed, they did not notice the IP in products. Or businesses think that they are implementing the policy of the Government and the Ministry of Health is to provide high quality drugs at low cost to consumers. Implementation of this policy is correct, but not mean low-priced products went to use the protected invention for other owners, without getting permission. Enterprises have to contact the owner to assign the right to use the invention or to make your own products using their creativity levels. Another problem, can now take advantage of the right to request cancellation of degree holders are protected to prolong the execution time of the violation. They argued, pharmaceutical patent protection, new features have been revealed or no inventive step, but it does not provide enough evidence to reflect that.

As a processing unit, what he proposed to abolish completely the breach?

- For pharmaceutical manufacturers relating to patent protection, they must be serious and respect the rights of the owner. In the process of production and import of pharmaceutical products have patent protection, the enterprise must understand the information before putting them into production and imports. Because, even if the product is Drug Administration licensed for use, but does not mean the product is not an element of IPR infringement. Circular No. 22 of the Ministry of Health registration, businesses must take full responsibility for IPR registration with the licensed products in circulation.

Upon receiving an application for treatment of patent owners, we are creating conditions for the proposed enterprise information processing, evidence, explanation of products containing infringing patents. If businesses are aware of their violation should be terminated, contact us to receive transfer or offering products without infringing elements recommended for processing. If intentional violations or obstructing the proposed treatment of owners and authorities, the business will be dealt with according to law. Specifically, depending on the nature and seriousness of the violation, the violator may be fined a maximum of up to 500 million, and the application of additional sanctions, remedial as: confiscation material violation means; suspend production areas violation; destruction of products containing infringing elements; withdrawal of the State budget amount by which violations.

Sincerely thank you!

Google translation for reference purpose only

IP rights in Vietnam

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