Seminar debates intellectual property rights enforcement

As part of the Lord Mayor of the City of London’s visit to Viet Nam in early July, UK Trade & Investment, along with the Law Society of England and Wales, held a roundtable discussion on the theme of "Viet Nam’s Emerging Economy and The English Legal Profession".

Attended by top-ranking Government officials, and local and international business representatives, the event aimed to review Viet Nam’s legal integration since it joined the World Trade Organisation (WTO).

Respected international and Vietnamese lawyers spoke on a variety of topics, from the English legal system to intellectual property rights protection. One of the main themes to emerge was the need to further educate the public, lawyers and the judiciary in order to create and sustain a business environment in which both local and international organisations can flourish.

Of particular concern was the enforcement of intellectual property rights in Viet Nam and the impact that piracy and counterfeit goods have on foreign investment.

The new Intellectual Property Law, with the amendments passed by the National Assembly in June, has introduced many positive changes, said Son Doan of the Doan Hong Son Law Office. He explained that incredible progress had been made on this issue and that the nation’s IP laws continue to be perfected, but he admitted that much still needed to be done.

Imitation and pirated goods ranged from pharmaceuticals and foods to luxury goods and books. Reported cases showed famous-brand alcohol containing local alcohol mixed with the genuine product, and pharmaceuticals being combined with cereal. General public awareness of intellectual property rights was low, and even in commerce, many enterprises were using pirated software for their business operations.

Authorities, meanwhile, lacked the expertise and confidence to deal with unusual cases, so enforcement efforts were being made only against the most straightforward and blatant cases of counterfeiting.

Steps were being taken against infringers but financial penalties remained low, and there were very few instances of criminal cases being brought to trial over the past two years to deter infringers.

With the difficulties in taking administrative or criminal action, the spotlight was falling on civil courts, although they have handled only a small number of IP cases to date.

The civil courts have a clear duty to administer the Law on Intellectual Property Law, but, like the criminal courts, they have struggled to keep up with the changing laws. Civil actions could also be slow and there was evidence that inexperienced judges were handing down inconsistent decisions.

Despite these problems, rights holders have no option but to test cases through civil lawsuits, forcing the courts to adapt.

In order to have an enforceable intellectual property system, it was essential that rights owners, lawyers, judges and courts be able to understand and enforce the laws effectively. Without specially trained judges, the laws could not be upheld and it would make it increasingly unattractive for some businesses to invest in Viet Nam.

Doan said that he was inspired to be working at the forefront of a developing body of intellectual property law. He said that the intellectual property law community was confident that, with help and training from other more experienced jurisdictions, Viet Nam’s intellectual property system would allow foreign investors to develop their brands within a secure, modern legal environment.

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