The 5 solutions to combat counterfeit smuggling and protect intellectual property rights

Customs officials attend a workshop on distinguishing genuine and fake goods held on July 19, 2024, in Ho Chi Minh City. Photo: Thu Dịu

Step by step control

According to the General Department of Vietnam Customs, compared to the same period in 2023, the control of smuggling counterfeit goods and goods infringing on intellectual property rights from the beginning of 2024 has been gradually controlled, however, in some localities, the situation has not been accurately reflected.

The main reasons for the above situation are: some local customs units have not really paid attention, leading to weak direction on combating counterfeit goods and intellectual property rights infringement. This is one of the reasons why the results of combating counterfeit goods and intellectual property rights infringement in the first months of 2024 have not been accurate and there are still many limitations.

Skills as well as technical means to support the identification of counterfeit goods, goods with counterfeit brands, origins... are still a significant challenge for customs officers in performing their duties. The legal system governing the fight against counterfeiting and intellectual property rights infringement is also not synchronized and there are still many obstacles and limitations.

The coordination in combating counterfeit goods and intellectual property rights infringement has not been effective and substantive.

The reporting of cases related to counterfeit goods and intellectual property rights infringement at some local customs units is still inaccurate and incomplete, which has somewhat affected the assessment and forecasting work.

Enhance information collection, grasp the situation

To effectively combat smuggling of counterfeit goods and goods infringing on intellectual property rights in the last months of 2024, the General Department of Vietnam Customs requires the Anti-Smuggling and Investigation Department and local customs departments to focus on implementing five key solutions:

First, reviewing, inspecting, and evaluating the implementation of contents on controlling smuggling of counterfeit goods and goods infringing on intellectual property rights in the first half of 2024. At the same time, supplementing and adjusting to suit the actual situation in the locality, focusing on key sectors, areas, and types of import and export such as: business, processing, export production, transit, independent transportation... to have measures to prevent, detect and handle promptly and effectively.

Second, strengthening information gathering, grasping the situation of the locality; apply a combination of customs control measures to inspect and strictly control the import and export of goods; luggage, and means of entry and exit according to key routes, areas, goods, and subjects. Focus on key commodities such as: counterfeit clothing, shoes, bags of famous brands; machinery, equipment to create fixed assets, electronic components, household appliances; auto parts, motorcycles, wood and wood products... for processing, export production with signs of counterfeit trademarks, fraudulent origin for the purpose of smuggling and tax evasion.

Third, promoting the role and responsibility of the head in inspecting and directing the work of combating counterfeit goods and protecting intellectual property rights in key localities such as: Lang Son, Quang Ninh, Bac Ninh, Ha Tinh, Quang Tri, Quang Binh, Tay Ninh, Binh Phuoc, An Giang, Binh Duong, Dong Nai, Vung Tau, Hanoi, Hai Phong, Da Nang, Ho Chi Minh City... The General Department of Vietnam Customs requires units to control the situation well, to prevent the occurrence of prominent cases, the formation of complex lines and groups, causing public concern.

Fourth, local customs departments direct customs branches and inspection teams to closely coordinate with functional units of the Anti-Smuggling and Investigation Department in receiving information, exchanging expertise and handling cases with signs of violations of the law related to counterfeit goods and intellectual property rights infringement. At the same time, take the initiative to inspect and handle violations of the law in the above field, ensuring that it is strict, in accordance with the legal procedures, and does not delay or shirk.

Fifth, rectifying reporting to ensure accurate and timely statistical data as prescribed; update new methods and tricks of smuggling counterfeit goods and goods infringing on intellectual property rights to serve the forecasting and directing work of the leadership of the General Department of Vietnam Customs.