Handling many cases of importing goods that infringe intellectual property rights

	Over 11.7 million foreign cigarettes suspected of infringing intellectual property rights
	December 8, 2023: Seminar " combating smuggled goods, counterfeit goods and goods infringing intellectual property rights - Protecting corporate brand
	Launching an inspection on counterfeit goods and goods infringing intellectual property

A shipment violating IP was discovered by Ho Chi Minh City Customs. Photo: T.H

In April 2023, Van Dung TH Trading and Services Co., Ltd. opened a customs declaration, declared the import of a shipment of 17,880 sandal pairs of recycled foam plastic, sizes from 36 to 44, no brand, manufacturer: EXPRESS STAR LINE LTD, 100% new; over 2,000 pairs of student shoes with rubber outsole, fabric, PU imitation leather, size 30-44, no brand, manufacturer: EXPRESS STAR LINE LTD, 100% new.

In fact, in addition to the incorrect declaration of quantity, in this imported shipment, the Customs agency also discovered that there were 1,800 sandal pairs with the three-stripe triangle logo on them, and the words "Comfort-Meizudeng -Originals” inside. The inspection results of the Institute of Intellectual Property Science showed that the enterprise imported goods with signs of infringing intellectual property rights on the Adidas brand.

Recently, the Saigon Port Area 1 Customs Sub-department issued a decision to fine the business an amount of 27.6 million VND and force the destruction of exhibits for goods infringing on intellectual property rights.

On August 30, 2023, Saigon Port Area 1 Customs Sub-department issued Decision No. 160/QDXP sanctioning BQP Maritime Transport Co., Ltd (HCMC) with a fine of 60.72 million VND and forced destruction of evidence.

Previously, BQP Maritime Transport Co., Ltd. opened 2 customs declarations to import shipments declared as foam plastic sandals (EVA SLIPPERS, many colors, size 18-40, no brand), 100% new.

Of which, 1 declaration declared the number of 33,820 pairs. Actually check the quantity as declared. However, out of 32,820 pairs, 3,000 pairs have a 3-stripe logo on the inside of the shoe with the words Comfort MEIZUDENG originals (infringement of intellectual property rights).

For the customs declaration, declare the quantity of 34,460 pairs. During actual inspection, the Customs office discovered an excess of 3,130 pairs of sandals. In the case, there are 2,000 pairs with a 3-stripe logo on the inside of the shoe with the words Comfort MEIZUDENG originals (infringing trademark rights).

At the time of physical inspection of the goods, BQP Marine Transport Co., Ltd (tax code: 0316731398) could not provide documents related to the authorization to import, export, and transport goods that were affixed the 3-stripe triangle logo mark of the Adidas brand by the brand owner Adidas International Marketing B.V. that has been protected in Vietnam under international registration No. 699437 issued on August 27, 1998 (valid until August 27, 2028).

In addition to cases of imported counterfeit goods that were handled, Ho Chi Minh City Customs Department has difficulty handling export shipments containing goods infringing on intellectual property rights.

Mr. Le Nguyen Linh, Head of the Anti-smuggling and Customs Offenses Handling Division, Ho Chi Minh City Customs Department, said that during the process of implementing customs procedures, the Customs agency must face with goods that are not being floated in the market so that it can be seen and identified, but the goods are kept in closed containers, so identification and detection are very difficult. Meanwhile, goods owners often do not declare their trademarks, so the Customs office cannot look up and verify them.

Giving specific evidence, Mr. Le Nguyen Linh said that in addition to the above shipments, in 2023, Ho Chi Minh City Customs Department discovered a shipment of nearly 30,000 products bearing the brands of Chanel, Dior, Versace, etc. Although these brands have representatives in Vietnam, but contact takes a lot of time, and for rights holders who do not have a representative in Vietnam, it is even more difficult.

Additionally, the Ho Chi Minh City Customs Department discovered a business exporting confectionery to Chocopie Company. Although it was determined that the goods were counterfeit and made a handling record, but the Customs did not have the authority to impose penalties, the case dragged on, passed through many agencies and then the penalty period expired. Therefore, the Customs agency needs to have the authority to impose sanctions in the export sector.

To further improve the effectiveness of fighting crimes of smuggling, counterfeit goods, and intellectual property violations, at the seminar "Combating smuggled goods, counterfeit goods, and goods violating intellectual property rights - Protecting corporate brands" organized by Customs Magazine held in December 2023, Mr. Vu Hoai Linh, Deputy Head of the Anti-Smuggling Control Team of Counterfeit Goods and Protection of Intellectual Property Rights (Team 4), Anti-Smuggling and Investigation Department - General Department of Customs requested competent authorities to amend and supplement regulations in legal documents to create consistency in the application of sanctions for violations of counterfeit goods and goods infringing on intellectual property rights; At the same time, adding regulations on the authority to sanction administrative violations for the Customs force about industrial property violations on exported goods.