In recent years, the trading and consumption of goods that infringe intellectual property rights (IPR) have shown signs of increasing, significantly affecting the rights and legitimate interests of consumers, and reducing the reputation of genuine manufacturers and businesses. Authorities have detected and handled many violations of trading and consumption of counterfeit goods, imitation goods, and IPR infringement in the province.
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| Market Management force checks goods in circulation in Xuan Truong district. |
Since the beginning of 2023, the Provincial Market Management Department has continuously detected and handled many cases related to intellectual property rights infringement. In particular, on July 7, 2023, Market Management Team No. 1 (Market Management Department) coordinated with the Economic Police Department (Provincial Police) to conduct a surprise inspection of the business household of Bui Van Tuyen at the address of My Thanh commune (My Loc) and discovered that the establishment displayed and traded 130 liquefied petroleum gas (LPG) bottles of 12kg bearing the brands Petro Phuc Thai Gas, Petro Hong Ha, Binh An Petro, Tai Loc with signs of counterfeiting the above brands (because all goods did not have shrink-wrap seals at the cylinder valves). The business household did not have invoices or documents proving the origin of the goods as well as documents related to the business activities of the establishment. The Market Management Force has collected relevant information, documents and papers and sent them to the authorities for verification, appraisal and determination that the Bui Van Tuyen business household displayed and sold counterfeit goods. At the same time, it did not have a certificate of eligibility for LPG retail stores as prescribed; employed managers and employees working at the LPG retail store who were not trained in safety techniques. The Bui Van Tuyen business household was fined a total of 65 million VND for its violations and was forced to destroy 130 LPG cylinders with counterfeit trademarks.
In Vu Ban and Y Yen districts, the Market Management Team discovered 2 business households selling 80 bags of high-quality NPK fertilizer under the brand name PHU MY FAC - Rice 2 of Phu My Fertilizer and Agricultural Chemicals Joint Stock Company, located at 207A Nguyen Van Thu, Da Kao Ward, District 1, Ho Chi Minh City, showing signs of infringing the rights to the trademark "NPK Phu My, For a bumper crop" of Phu My Fertilizer Plant under the PetroVietnam Fertilizer and Chemicals Corporation. After sending samples and having a conclusion on industrial property from the Institute of Intellectual Property Science ( Ministry of Science and Technology ), Market Management Team No. 2 drew up a record of administrative violations against the above 2 business households for the violation of "Trading in goods that infringe on trademark rights"; imposed administrative fines, and recovered 47 million VND in illegal profits from trading in goods that infringe on intellectual property rights; At the same time, force the removal of the violating elements and destroy the above-mentioned violating exhibits.
In addition, the authorities also discovered, handled and requested many cases of violations in the business of perfumes, jeans, eyeglasses, and sports shoes with signs of counterfeiting major brands such as Chanel, Dior, Hermes, Gucci, and Nike to destroy the goods or remove the violating elements. At the garment production village of My Thang commune (My Loc), the Market Management force coordinated with the police and businesses to continuously handle many cases of violations of the registered YODY fashion brand.
According to the assessment of the Market Management Department, the situation of counterfeit goods and intellectual property rights infringement is increasingly sophisticated, complicated, diverse in types and quality, developing strongly on the e-commerce system, not only causing frustration and directly affecting the health of consumers but also affecting the investment environment, reputation and brand of enterprises. The main reason is that many consumers, organizations and individuals are not fully aware of the consequences of producing, trading and using counterfeit goods. A part of the population has the mentality of liking to use "branded goods" while their income is limited, so they look to buy fake products, causing the situation of counterfeit goods and intellectual property rights infringement to have "room" to develop. The enforcement of intellectual property rights by civil measures is not much; most subjects choose administrative sanctions to enforce intellectual property rights. In addition, the sanctions for violating manufacturers and businesses are still light while the profits are large, so they are not enough to deter violations when most cases of intellectual property violations are still mainly administrative violations. In particular, many intellectual property owners are not yet aware of their role in protecting intellectual property and resolving violations, and are afraid that it will spread to the reputation of their products in the market, reduce market share... so they have not actively cooperated with authorities to handle violations.
To improve the effectiveness of preventing and combating the trading and consumption of counterfeit goods and goods infringing on intellectual property rights, the Market Management Department continues to closely follow the direction of the Ministry of Industry and Trade, the General Department of Market Management and the province; requires the Market Management Teams to strengthen the management of areas, examine and verify information provided by organizations, individuals and press agencies to promptly handle violations. Strengthen the mechanism of coordination in inspection and handling of violations, especially in key and complicated areas. Regularly train and improve the qualifications and capacity of officers directly performing inspection tasks to promptly and accurately handle violations according to the provisions of law. Recommend competent authorities to promptly complete regulations on the enforcement of intellectual property rights. Publicize hotlines on mass media for people to know; be ready to receive all denunciations and reports of violations for timely and strict handling according to the provisions of law. At the same time, deploy solutions to raise public awareness of counterfeit goods and goods that infringe upon intellectual property rights such as: Propagating and mobilizing consumers to participate in shopping via e-commerce applications at reputable e-commerce websites that have been notified or registered with competent State management agencies. Recommending consumers to promptly inform and denounce to competent authorities cases of buying and selling products that violate the provisions of law to promptly prevent and handle violations.
The Market Management Department also encourages businesses not to be lax in managing and monitoring the consumption of goods, and not to consider the fight against counterfeit goods as the sole responsibility of law enforcement agencies. When intellectual property rights are infringed upon, owners need to proactively complain to enforcement agencies for inspection and handling according to regulations. In addition, businesses must determine ownership of trademarks in particular and intellectual property rights in general. Proactively research and apply advances in science and technology to combat counterfeit goods and infringement of intellectual property rights (such as using high-tech anti-counterfeit stamps, using product codes to trace origins on smart devices); develop production, improve designs, improve quality, reduce product costs; have effective distribution channels and after-sales care policies, guide and support consumers to distinguish genuine goods from counterfeit goods; Encourage and promptly reward those who detect and denounce acts of manufacturing and trading in counterfeit goods and protect consumers after purchase./.
Article and photos: Nguyen Huong
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