Fake branded goods "fall in the net" of the Customs

A container contains 10,000 pairs of fake shoes trademarked. ‘Convere’, that were detected and arrested by the Hai Phong Customs in July/2017. Photo: Quang Hung.

A leader of the Anti-Smuggling Investigation Department (the General Department of Customs) said that the road border line with many trails and crossings created the favorable conditions for smugglers and illegal cross-border goods including counterfeit goods, and infringement goods with intellectual property rights. In addition, some perpetrators did not declare intentionally a trademark; incorrect declaration of origin, type and quantity to escape the control of the Customs. In addition, when packing goods to transport to Vietnam, the objects also mixed the fake goods with the authentic goods. Remarkably, some objects took advantage of the provisions of the Customs Law; the regulation on not stopping for customs clearance for the transit of goods in order to transport the goods with fake trademarks, infringing IPR from China and Hong Kong to Vietnam and then transferring to a third countries (Laos, Cambodia).

In 2017, the Anti-smuggling investigation force of the GDVC coordinated with the functional agencies to inspect and arrest 32 cases related to infringement of intellectual property and labels, the value of infringing goods was 26 billion VND. The infringing goods detected by Customs forces were various types and models, including: clothing, bags, shoes, fashion accessories, household items, electronics and equipment. furniture, watches, mobile phones, cosmetics ...

Typically, 4 containers of fake goods inspections were carried out by the customs procedures at the Saigon Port Customs Sub-Department, Area 1 (the Customs Department of Ho Chi Minh City). The declared goods included 26 items, such as candy, screws, clothes, shoes, accessories, telephone accessories, lights, fabric softener, pencils... However, according to the inspection results, the Customs forces detected the intellectual property infringing articles included: 13,562 Apple branded counterfeit phone accessories; 328 Samsung branded counterfeit phone accessories; 8,050 sets of fake Puma clothing; 8,380 sets of fake Nike clothing; 28,730 sets of fake Adidas clothing; 1,080 pairs of fake Converse brand shoes; 330 pairs of fake Adidas shoes; 700 bags of fake Louis Vuitton brands; 1.225 fake Rolex brand watches, Chanel; 500 Honda logos in all kinds.

Similarly, 5 containers of goods carried out the independent transportation procedures at the Customs Sub-Departments of Huu Nghi border gate (Lang Son Customs Department). The declared goods were garments, air compressors, but when inspecting the actual goods, the Customs forces seized brand counterfeited goods including: fake Samsung brand air compressors; fake Gucci, Hermes handbags and wallets; fake Adidas, and Nike brand shoes…

It can be said that in order to fight effectively against counterfeit goods, intellectual property infringement goods, the Customs offices promoted international cooperation. Specifically, the General Department of Customs deployed the Program on Controlling and Fighting the Counterfeit and Fake goods in the APEC region and the Program launched by the World Customs Organization (WCO). At the same time, they controlled the illegal trade for the harmful products to human health and safety that the WCO launched (Official Letter No. 1629 dated December 29th. 2016 of the Anti-Smuggling Investigation Department). In addition, the Customs forces indicated the transport modes, routes to build the major fighting programs, and plans for each item.

According to the leader of the Anti-Smuggling Investigation Department, besides the achievements, the Customs forces encountered many difficulties in inspecting the label and origin of goods at the border gates. Now, the legal provisions on goods label remain with many shortcomings that make it difficult for the Customs forces to check the label at the borders. Specifically, under Decree No. 43/2017/ND-CP dated 14/04/2017 stipulating the labeling of imported goods, if the importers do not write the contents required on the labels fully, they will be allowed to supplement by secondary labels (in Vietnamese) before putting the goods into circulation. However, in fact, the Customs discovered many cases of counterfeit signs of origin, brand name; fake origin ... but they did not have evidence to deal with the violations. In addition, some rights enterprise owners lacked attention, coordination in information exchanges to fight, arrest and handle the violations. In many cases, the Customs office detected the goods infringed IP, but when suggesting the owner of the trademark coordinate with them for investigating and processing, the enterprises still hesitated and avoided the Customs.