New Regulations on the Sanctioning against Administrative Violations in the field of IP
On 21/9/2010, the Government has issued Decree No. 97/2010/ND-CP on the sanctioning of administrative violations in the field of industrial property. This Decree replaces Decree No. 106/2006/ND-CP and takes effect from the date of 9/11/2010.
The new Decree has incorporated appropriate rules and provisions and handles shortcomings and overlapping provisions of the previous Decree, such as administrative sanctions against infringements causing damages to consumers and society have also expanded to infringements of the rights of authors and/or owners; t previous level of administrative penalty from 1 to 5 times of the value of infringing goods has been replaced by ceiling level of 500 million VND to comply with the Ordinance amending and supplementing some articles of the Ordinance on Handling Administrative Violations in 2008 and so on.
Some other legal problems arising in practical implementation of intellectual property rights have been also addressed in the new Decree, in particular the following: lacking of legal grounds, sanctions, jurisdictions, procedures for handling unfair competitions in the field of IP; lacking of measures to deal with the infringement of trademark used as a business name and domain name, or lacking of defined and clear conditions and procedures for application of preventive and guaranteed measures of sanctions, exhibits and means of violation etc..