Hoang Van Phong, science and technology minister

The courts should play a more important role in dealing with IPR violations. Currently however, we only have administrative measures to deal with such violations. If a person violates intellectual property rights, the case uses an arbitrator. Under IPR laws, together with administrative measures, violators must compensate the copyright or patent owner and consumers, but penalties still fall short.

Viet Nam is considering whether to treat such violations as criminal cases. Whether a case is a civil or criminal will be determined by the courts. In industrial countries, the courts’ role in IPR is considered important, yet is still new to Viet Nam.

One problem is the courts lack experience in and understanding of intellectual property rights, so as a result they have not established a separate legal proceedings to handle IPR like in other countries.

Only the courts can offer a definitive solution – administrative measures can only stop violations but not solve the overall problem. I

n the future, serious violations need the courts’ attention. The courts must take an active part in cases soon, so we can integrate successfully into the international market.

Tran Viet Hung, deputy director of the IP Department

Our first document on regulating intellectual property was in 1776 when the country was reunited. Then in 1981, we had the first legal document on patent protection. After that, the Government issued decrees on trademark protection for labels and company logos. Then we had intellectual property right protection under the Civil law in 1995. Ten years later, the National Assembly issued an IPR law, the first law to specifically deal with the issue in Viet Nam.

Intellectual property is new but very important to Viet Nam’s international economic integration because IPR protection was one of the topics of negotiation during the World Trade Organisation (WTO) talks. Last November, we officially joined the WTO, which also means we can meet WTO commitments on IPR protection.

International and domestic experts think that the country’s IPR protection system actually works, with laws and regulations that meet TRIPS/WTO standards, which Viet Nam agreed to under the WTO agreement.

Currently, Viet Nam has IPR agencies to manage and deal with relevant matters including court cases, market oversight and policing, customs and technology inspection.

These agencies have made some progress, but Viet Nam still face many difficulties in more effectively carrying out IPR protection.

Intellectual property violations, especially in producing and trading counterfeit goods, is still a hot and complicated issue in Viet Nam.

Agriculture is one of the more sensitive sectors. To help farmers improve profits, we should have greater IPR enforcement in agriculture and rural development, especially when dealing with traditional goods by creating and protecting special trademarks for local and national products.

To achieve these targets, we should continue finalising the legal framework on IPR protection to meet international standards. We should also play a more active role in the effectiveness of market oversight and enforcement.

Currently, the State is considering a plan to improve policing efforts. In 2005, the Government approved a plan for IPR development for companies, which was carried out nationwide. Activities to improve public awareness on IPR should also be focused on by officials.

Nguyen Manh Hung, deputy director of the market watch department

Over the past few years, the fight by ministries, departments and agencies against counterfeit goods, commonly referred to as IPR violations, has made some progress.

Last year, there were 2,256 cases of various types of IPR violations in the country.

Producing and selling counterfeit goods has not been significantly reduced given progress is very difficult and complicated. Fake goods are not only a concern for companies and consumers, but also damage the economy, corporate confidence, and put public health and the environment at risk.

According to the prime minister’s Decree 31, fighting counterfeit goods is a social responsibility. Relevant agencies and authorities at all levels, social and professional associations, the Viet Nam Lawyers Association, consumer rights organisation all play an important role in exposing IPR violations and fighting against the production and trade of counterfeit goods.

Market watch teams are addressing the fight with several projects. We have begun training courses for staff to boost awareness and legal understanding of IPR issues; co-operated with international organisations in educating businesses about IPR laws; and organised exhibitions on how to differentiate between counterfeit and real goods in central and provincial areas so agencies, companies and especially the public can identify the differences. — VNS