Govt to revise intellectual property laws

March 26, 2004

HA NOI — A new law that would streamline earlier intellectual property legislation is in the works, said Tran Viet Hung, deputy head of the National Office of Intellectual Property.

Viet Nam’s intellectual property regulations are adequate and nearly meet the requirements of the World Trade Organisation.

However, many laws overlap each other and contradictions exist in too many sub-laws, Hung said on the sidelines of a seminar to discuss intellectual property and Viet Nam’s integration into the international economy, on Wednesday in Ha Noi .

"The overlap makes it difficult for relevant agencies to execute the regulations. It was therefore necessary to create a separate law on intellectual property," Hung said.

Five different agencies patrol intellectual property violations in Viet Nam, including the police, customs, market watch, the border patrol and the courts.

However, these agencies have not effectively worked together. Hung said, it is better to reduce the number of forces taking part to curb violations and to instead enhance their co-operation.

According to Nguyen Huu Loi, chairman of the VIC Trading Liability Company, the current regulations on intellectual property are irrational.

Loi used his company as an example. The Hai Phong Market Management Department last year discovered the Ha Noi-based Song Hong Company violated VIC’s trademark.

The department, however, could not take any action against Song Hong because it is not permitted to levy penalties outside of Hai Phong City.

Hung said the penalties for intellectual property violators are too modest and were the cause of increasing violations nationwide.

The current maximum fine is only VND100 million.

Hung said authorities would like to increase the fine to deter violators, but that would require National Assembly approval because the penalty is listed in the Ordinance on Administrative Punishment. — VNS