Headlines 27/05/2024 08:19 SA

Amendments to administrative sanctions in industrial property in Vietnam

Ngọc Trầm

On May 4, 2024, the Government of Vietnam promulgated Decree No. 46/2024/ND-CP on amendments to Decree No. 99/2013/ND-CP on administrative sanctions in industrial property (amended by Decree No. 126/2021/ND-CP)

According to the Decree, Article 3a on the application of measures to prevent and ensure the handling of administrative violations is added as follows:

- The application of measures to prevent and ensure the handling of administrative violations shall comply with the Fourth Part of the Law on Administrative Violation Handling 2012 (amended in 2020) and Decree No. 99/2013/ND-CP .

- The confiscation of domain names shall comply with Clause 1 Article 125 of the Law on Administrative Violation Handling 2012 (amended in 2020) to handle administrative violations prescribed in Point a Clause 16 Article 14 of Decree No. 99/2013/ND-CP .

- Competent authorities and persons may request the Ministry of Information and Communications of Vietnam (Vietnam Internet Network Information Center) and the Domain Name Registrars to cooperate, provide specialized feedback, and maintain the states of concerned domain names before implementing measures to confiscate exhibits and means used for administrative violations.

- The Ministry of Information and Communications of Vietnam (Vietnam Internet Network Information Center) and Domain Name Registrars shall cooperate with competent authorities and persons in confiscating domain names, providing specialized feedback, and maintaining the states of domain names.

 Amendments to Article 4 of Decree No. 99/2013/ND-CP , amended by Decree No. 126/2021/ND-CP are as follows:

- Grounds to evaluate exhibits and means of administrative violations prescribed in Decree No. 99/2013/ND-CP shall be applied based on one of the grounds prescribed in Points a, b, and c Clause 2 Article 60 of the Law on Administrative Violation Handling 2012 (amended in 2020) by order of priority.

- If it is impossible to apply the grounds prescribed in Clause 1 Article 4 of Decree No. 99/2013/ND-CP amended by Decree No. 126/2021/ND-CP to evaluate exhibits and means of violations to use as grounds to determine mines and competence to impose sanctions, competent persons in charge of the case shall decide to confiscate the exhibits and means of violations and establish a Valuation Council according to Clause 3 Article 60 of the Law on Administrative Violation Handling 2012 (amended in 2020).

- The principle of the valuation of infringing goods shall comply with the principle prescribed in the Decree on elaboration on several articles and implementation measures of the Law on Intellectual Property regarding industrial property, protection of industrial property rights and rights to plant varieties, and state management of intellectual property.

See more details in Decree No. 46/2024/ND-CP effective as of July 1, 2024.

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