THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH FOREIGN ELEMENTS IN VIETNAM OF PEOPLE’S PUBLIC SECURITY IN CURRENT PERIOD

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MINISTRY OF EDUCATION AND TRAINING

MINISTRY OF JUSTICE

HANOI LAW UNIVERSITY

NGUYỄN VĨNH DIỆN

THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH
FOREIGN ELEMENTS IN VIETNAM OF PEOPLE’S PUBLIC SECURITY IN
CURRENT PERIOD

Major

: International Law

Code

: 62.38.01.08

SUMMARY OF THE DOCTORAL THESIS ON LEGAL STUDIES

HANOI - 2014
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The thesis is completed in:
HANOI LAW UNIVERSITY

Supervisors: 1. Assoc. Prof. Dr. PHÙNG THẾ VẮC
2. Assoc. Prof. Dr. HOÀNG PHƯỚC HIỆP

Reviewer 1: Prof. Dr. Lê Hồng Hạnh
Reviewer 2: Assoc. Prof. Dr. Nguyễn Trung Tín
Reviewer 3: Dr. Vũ Đức Long

The thesis was defenced in the thesis examination board at
Hanoi Law University at ........... on date:..................2014

For more details of the thesis, please visit:
1. The National Library
2. Library of Hanoi Law University

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LIST OF THE AUTHOR’S RESEARCH PROJECTS RELATED TO THE
THESIS

1. Nguyễn Vĩnh Diện (2008), Enforcement of intellectual property in the
condition that Vietnam is a member of WTO and issues set forth for people’s public
security, Scientific title at the academy level, Academy of Public Security, Hanoi;
2. Nguyễn Vĩnh Diện (2009), “Intellectual property rights in Vietnamese
Laws”, Commercial Journal (8), Hanoi;
3. Nguyễn Vĩnh Diện (2009), “Several main committments of Vietnam on the
enforcement of intellectual property rights when joining WTO”, Commercial

Journal (20), Hanoi;
4. Nguyễn Vĩnh Diện (2013), “Discussion about definition of commercial
scale in Law on Intellectual Property Rights of Vietnam”, Crime Prevention and
Fighting Journal (2), Hanoi;
5. Nguyễn Vĩnh Diện (2008), International Private Law Textbook, People’s
Public Security Academy, Hanoi.

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1
INTRODUCTION

1. Rationale of the thesis research
Nowadays, intellectual works gain a special significance in the spiritual and
material life of the human, and reflect inevitable development tendency of human society
based on knowledge economy.
Due to that important role of intellectual property, many countries have paid
special attention to the field of intellectual property, considering it as the platform to
promote the economy development of the country; and simutaneously the law
enforcement against intellectual property right infringement has always caught attention
in international cooperation and exchanges.
From a country with a low starting point, in order to develop quickly and
sustainably to gradually assert its position, Vietnam is necessary to pay special attention
to science and technology market and to promote enforcement activities of intellectual
property rights, including intellectual property rights with foreign elements in Vietnam.
However, how to maintain national security, ensure social order and safety, and acquire
human intelligence to develop country and expand international cooperation and

exchanges is the big problem facing our country in the current period.
Enforcing intellectual property rights with foreign elements in Vietnam is directly
related to functions and duties of people’s public security forces. However, because of
many different reasons , PPS forces still do not effectively promote all working aspects
in the protection of national security and maintenance of social order and safety in
general and intellectual property rights enforcement with foreign elements in Vietnam in
particular.
For the above reasons, the author has selected the title "Enforcement of intellectual
property rights with foreign elements inViet Nam of people’s public security in the current
period" for the doctoral thesis in order to meet theoretical and practical requirements.
2. Purposes and duties of research
With regard to the research purposes, the thesis clarifies the theoretical and
practical issues on the enforcement of intellectual property rights with foreign elements in
Vietnam of people's public security force whereby proposing solutions to improving the
efficiency of the enforcement of intellectual property rights with foreign elements in
Vietnam of people's public security forces in the current period.
With regard to research duties, the thesis sets out following main duties: (i)
Analysis and assess national and international research situations of intellectual property
rights with foreign elements and the enforcement of intellectual property rights with
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foreign elements, whereby finding contents that need further clarification and research in
the thesis;

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- Analyze and evaluate, from the perspective of legal science, general awareness of
intellectual property rights with foreign elements in Vietnam and the enforcement of

intellectual property rights with foreign elements in Vietnam of people's public security
forces;
- Survey situations of acts of infringement of intellectual property with foreign
elements in Viet Nam and find out the causes of the infringement;
- Analyze and evaluate enforcement activities of intellectual property rights with
foreign elements in Viet Nam of people's public security forces, and then propose
solutions to improving the effectiveness of the enforcement of intellectual property rights
with foreign elements in Viet Nam of people’s public security forces.
3. Research object and scope of the thesis
Regarding research object:
The thesis studies some theoretical and practical issues of the enforcement of
intellectual property rights with foreign elements in Vietnam of people’s public security
force.
Regarding research scope:
- Carry out research on activities of the people’s public security force in the
enforcement of intellectual property rights with foreign elements in Vietnam through the
application of administrative and criminal measures based on functions and duties
prescribed by law. The application of civil measures and others is not covered by the scope
of thesis research.
- Research site is on the territory of Vietnam, focusing on some selected typical
areas, such as Ha Noi City, Ho Chi Minh City, Hai Phong, Lang Son, Quang Ninh, Nghe
An, Ha Tinh, Da Nang, Dong Nai, Tay Ninh.
- Study period is from 2003 to 2014, especially since Vietnam joined the World
Trade Organization (WTO) to present.
4. Research method of the thesis
The thesis is researched based on the methodology of Marxism - Leninism, Ho
Chi Minh’s ideology, opinions, guidelines and policies of the Party and laws of
Vietnam in the fields related to the thesis title.
During the study, the author focused on use of specific research methods, such
as analysis, synthesis, comparation of law, sociology investigation and history.

5. New contributions of the thesis in scientific aspects
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- Clarify the connotation definition of intellectual property rights with foreign
elements and enforcement of intellectual property rights with foreign elements in
Vietnam, contributing to completing theory of legal science in our country in the field
indicated;

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- Clarify the roles, position, functions and duties of the people's public security
force and requirements for people's public security in the enforcement of intellectual
property rights with foreign elements in Vietnam in the conditions of international
integration;
- Forecast foreign and domestic situations related to the enforcement of
intellectual property rights with foreign elements in Vietnam, propose scientific
solutions to improving the enforcement of intellectual property rights with foreign
elements in Vietnam of people’s public security force in the current period.
6. Theoretical and practical significance of the thesis
As regards theoretical significance, research results of the thesis can be used as
foundation to propose and supplement theoretical issues of the enforcement of
intellectual property rights with foreign elements in Viet Nam, especially theory of the
prevention and fighting of crimes and violations of intellectual property rights with
foreign elements in Viet Nam in the current period.
As regards practical significance, the thesis can be used as a material to research,
teach at the universities, or a material to cultivate knowledge of international law for
officers and soldiers of people’s public security in combating against crimes and
violations of intellectual property rights with foreign elements in Vietnam in the

conditions of international integration.
7. Thesis structure
In addition to the introduction, conclusion, list of references, list of the author's
research projects related to the thesis title, thesis consists of four chapters as follows:
Chapter 1. Overview of the research situation related to the thesis in Vietnam and
countries over the world;
Chapter 2. General awareness of enforcement of intellectual property rights with
foreign elements in Vietnam of people’s public security force;
Chapter 3. The real situation of enforcement of intellectual property rights with
foreign elements of people’s public security;
Chapter 4. Some solutions to improving the efficiency of intellectual property
rights with foreign elements in Vietnam of people's public security forces.

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Chapter 1

OVERVIEW OF THE RESEARCH SITUATION RELATED TO THE THESIS IN
VIETNAM AND COUNTRIES OVER THE WORLD
1.1. The research situation in countries over the world
The reseach projects have reflected: some countries have built a relatively
complete legal system on intellectual property, established agencies responsible for
intellectual property rights enforcement, focused on the protection of intellectual works of
organizations and individuals in their countries (especially those works related to national
security and social order and safety), and exploited foreign intellectual works. Also, they
have reflected roles of the international treaties (especially the TRIPS Agreement) and of

international organizations (WTO, EU, ASEAN) in formation of intellectual property
rights enforcement mechanisms, etc.
1.2. The research situation in Viet Nam
The research projects has consisted of the theoretical aspects, such as the protection
conditions, intellectual property rights enforcement measures, legal and practical aspects
of the protection and combat of intellectual property rights, etc. There is no project
mentioning the enforcement of intellectual property rights with foreign elements in
Vietnam of people's public security forces as an state management agency in social order
and safety and national security, as well as functional agencies in investigating and
handling crimes under criminal proceedings, etc.
1.3. Issues that need further research
- Generalize general issues of intellectual property rights and intellectual property
rights enforcement, continue to research to introduce the definition and characteristics of
the enforcement of intellectual property rights with foreign elements in Vietnam;
- Clarify the legal basis regulating the functions and duties of the people's public
security forces in the enforcement of intellectual property rights with foreign elements in
Vietnam;
- Survey reality of laws and violations of intellectual property rights with foreign
elements in Vietnam, indentify causes and conditions led to this situation;
- Survey and assess the operation situation of people’s public security forces in the
enforcement of intellectual property rights with foreign elements in Vietnam;
- Forecast world’s and Vietnam’s situations related to the enforcement of
intellectual property rights with foreign elements in Vietnam, thereby bringing out
solutions to improving the efficiency of the enforcement of intellectual property rights
with foreign elements in Vietnam of people's public security force in the following years.
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Chapter 2

GENERAL AWARENESS OF ENFORCEMENT OF INTELLECTUAL
PROPERTY RIGHTS WITH FOREIGN ELEMENTS IN VIETNAM OF
PEOPLE’S PUBLIC SECURITY
2.1. Some theoretical issues of intellectual property rights and intelletual
property rights with foreign elements in Vietnam
2.1.1. Some theoretical issues of intellectual property rights
2.1.1.1. Definition of intellectual property rights
Intellectual property rights are the rights given to an organization or individual
over the creations of their minds, including copyright and copyright-related rights,
industrial property rights and rights to plant varieties (Article 4 of Law on Intellectual
Property Right).
The definition indicates diversification of intellectual property right holders,
including individuals and organizations, and the object of intellectual property rights is
“intellectual property” , including copyright and related rights, industrial property rights
and rights to plant varieties.
Intellectual property rights should be adequately and comprehensively defined in
following aspects:
- Intellectual property rights are a type of legal relationshintellectual propertys
(intellectual property relationshintellectual property);
- Intellectual property rights are a type of civil rights;
- Intellectual property rights are a legal institution which is a collection of
delegated legislation to adjust groups of intellectual property relationshintellectual
propertys (this is research object of the thesis).
2.1.1.2. Charateristics of intellectual property rights
- The object of intellectual property rights is intellectual property which is
immaterial, so it is easy to be infringed if being presented by some form of material.
- Intellectual property rights are absolutely territorial-limited. It means that these

rights are valid within the territory of a country where they are enforced.
- Protection of intellectual property rights is often limited in terms of time.
- Intellectual property rights are restricted by regulations of laws if the exploitation
and utilization of their objects are involved in common benefits of the community.
2.1.1.3. Contents of intellectual property rights
- Personal rights (also called spiritual rights) are rights given to individuals and
organizations over the creations of their minds, announcement and popularization of

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objects of intellectual property rights and these rights often bear personal characteristics
of intellectual property right holders. Personal rights are divided into two types: nonproperty personal rights and property-related personal rights.

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- Property rights (also called economic rights) of intellectual property right holders
are rights to enjoy material benefits from their intellectual works which are protected by
the State. These rights have a strong attachment to personal ones. Its manifestation is that
if one person has personal rights over his or her intellectual property, he or she will
simultaneously have property rights over this intellectual property. According to nature
and characteristics of each object of intellectual property, contents of property rights of
intellectual property right holders are differently stintellectual propertyulated for different
types of intellectual property rights.
2.1.1.4. Violation of intellectual property rights
Violation of intellectual property rights is an action against laws taken by an entity
with civil capacity which harms intellectual property rights that are recognized and
protected by laws.
- Violation of intellectual property rights is always made by human;

- Violation of intellectual property rights is acts against regulations of laws which
harms legal rights and interests of intellectual property right holders who are recognized
and protected by laws. Acts violating intelletual property rights include acts of
infringement of copyright (Article 28 of Law on Intellectual Property), acts of
infringement of related rights (Article 28 of Law on Intellectual Property); acts of
infringement of industrial property rights (Article 126, 127, 129, 130 of Law on
Intellectual Property); acts of infringement of rights to plant viarieties (Article 188 of
Law on Intellectual Property);
- Violation of intellectual property rights are acts which contain fault elements of
those people who accidentally or intentionally infringe the intellectual property rights;
- Those people who infringe the intellectual property rights must have civil
capacity;
Some cases in which limitations of intellectual property rights are stintellectual
propertyulated, although exploitation and utilization of creations of holder of intellectual
property rights are not allowed by them, are not considered to be the infringement of
intellectual property rights.
2.1.2 Definition and characteristics of intellectual property rights with foreign
elements in Vietnam.
2.1.2.1. Definition of intellectual property rights with foreign elements in Vietnam
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intellectual property rights with foreign elements in Vietnam are rights of foreign
organizations and individuals given over their creations of their minds recognized and
protected in Vietnam, including copyrights, related rights of the foreigners, foreign legal
entities over intellectual works published or disseminated first time in Vietnam or created
and expressed in a certain form in Vietnam which are protected by the Vietnam law
provisions and international treaties to which Vietnam is a member; industrial property
rights, rights to plant varieties of foreigners and foreign legal entities over objects of

industrial property rights and objects of rights to plant varieties recognized and protected
by Viet Nam law provisions and international treaties to which Vietnam is a member.

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- Holders of intellectual property rights with foreign elements in Vietnam include
foreign organizations, individuals. They can be authors or owners of copyrights, people
with related rights, owner of industrial property objects,etc.
- The legal basis for intellectual property rights being arisen is the provisions of
Vietnamese laws and international treaties to which Viet Nam is a member.
- Intellectual property rights of foreign individuals and organizations are
recognized and protected by State of Vietnam in accordance with provisions of
Vietnamese laws and international treaties to which Viet Nam is a member.
2.1.2.2. Characteristics of intellectual property rights with foreign elements in Viet
Nam
- The development of intellectual property rights with foreign elements in Vietnam
is always associated with viewpoints and policies of our Party and State in innovation of
legal thinking and international integration in the justice and law field.
- Intellectual property rights with foreign elements in Vietnam are protected and
enforced in accordance with international law, Vietnamese laws, traditions and cultures
of ethnic groups of Vietnam.
- Development of intellectual property rights with foreign elements in Vietnam in
recent years has partly influenced psychology and lifestyle of Vietnamese people ,
creating "fashionable chasing effect" of a small group of Vietnamese people.
- The establishment of intellectual property rights with foreign elements in
Vietnam could be limited in some certain cases.
2.2. Some theoretical issues on the enforcement of intellectual property rights
and intellectual property rights with foreign elements in Vietnam
2.2.1. Some theorectical issues on intellectual property rights enforcement in
Viet Nam

2.2.1.1. Definition and intellectual property rights enforcement method
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Intellectual property rights enforcement is the public power activities of state
competent authorities to ensure that intellectual property rights laws are enforced strictly,
thereby protecting the rights and legitimate interests of state, society, rights and legal
interests of intellectual property rights holders. To enforce intellectual property rights, the
state bodies is authorized to conduct more strict and powerful enforcement measures in
various levels to handle violations of intellectual property rights.

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- Intellectual property rights enforcement by civil remedies is handling
infringement of intellectual property rights under the civil proceedings. In the process of
solving this infringement, people’s courts apply the measures, such as forcing to
terminate the infringement; forcing apology and public correction; forcing to execute
civil obligations; forcing to compensate for damages; forcing to destroy, forcing to
distribute or put into use goods without commercial purposes.
- Intellectual property rights enforcement by administrative measures is the
enforcement in which the state competent authorities handle intellectual property rights
violation cases according to the order and procedures of administrative law provisions,
such as: warning; fines; confiscating counterfeit goods as intellectual property rights, raw
materials, materials and means used mainly for the production and trading of intellectual
property rights counterfeit goods, etc.
In some cases, such as intellectual property rights infringement with risks causing
serious harms to consumers or society; to ensure the implementation of the administrative
penalty decision, the state competent authorities are allowed to apply some temporary
emergency measures to prevent the law evasion, ensure administrative sanctions

prescribed by law.
In addition, state competent authorities can also apply some measures to control
the export and import of goods related to intellectual property rights at the border,
including suspension of customs procedures for goods suspected as intellectual property
rights infringement, etc.
- Enforcement by criminal measures, is the enforcement in which the state
competent authorities handle intellectual property rights infringements by the provisions
of the criminal law. Specifically, if an individuals implements intellectual property rights
infringement with enough evidence of crime, the state competent authorities will apply
criminal liability to this acts of infringement according to related charge.
2.2.1.2. Meaning of intellectual property rights enforcement in Viet Nam.
- Effective enforcement of intellectual property rights in Vietnam is a factor against
the risk to the country's backwardness in science and technology.
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- Effective enforcement of intellectual property rights encourages creative works,
commercial competition in a healthy way, prevents the risk of revenue losses and breaks
the domestic market.

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- Effective enforcement of intellectual property rights is the protection of benefits
of the consumer.
- Effective enforcement of intellectual property rights in Vietnam also contributes
to protecting national security sovereignty and preserving social order and safety.
- Enforcement of intellectual property rights in Vietnam will create a healthy
intellectual property rights environment, attract international trade relation development,
contribute to the successful implementation of the guidelines and policies of international

integration of our Party and State.
2.2.2. Definition, characteristics of the enforcement of intellectual property
rights with foreign elements in Viet Nam
2.2.2.1. Definition, characteristics of intellectual property rights enforcement with
foreign elements in Viet Nam
- In terms of content, intellectual property rights enforcement with foreign elements
in Vietnam includes all activities of State competent authorities to create mechanisms to
deal with all infringements of intellectual property rights with foreign elements in Viet
Nam.
- In terms of the form, intellectual property rights with foreign elements in Vietnam
is enforced to comply with the provisions of the law on methods, sequences, procedures
and jurisdiction consistent with the characteristics of each object of intellectual property
rights with foreign elements in Vietnam.
- In terms of the holders, the enforcement of intellectual property rights with
foreign elements in Vietnam includes People’s Courts, Market Management, Customs
agencies, People’s public security, People’s Committee, specialized inspectors. These
agencies enforce intellectual property rights with foreign elements in Vietnam by itself or
in collaboration with other agencies, organizations or individuals to build and deploy
mechanisms to handle the above intellectual property rights infringement.
- In terms of purposes, the enforcement of intellectual property rights with foreign
elements in Vietnam is to prevent and combat violations of intellectual property rights
with foreign elements in Vietnam, to protect the legitimate interests of State and society,
rights and legal interests of intellectual property rights holders with foreign elements in
Vietnam, while creating a healthy legal environment to promote creative activities of
people.
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2.2.2.2. Characteristics of the enforcement of intellectual property rights with

foreign elements in Viet Nam

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- The order and procedures for state agencies authorized in the application of
intellectual property rights enforcement with foreign elements in Vietnam is mainly
comply with Vietnam law, without application of foreign law, except in special cases
where Viet Nam laws or international treaties which Vietnam is a member have other
provisions.
- Intellectual property rights enforcement activitywith foreign elements in Vietnam
profoundly affected by intellectual property rights international treaties which Vietnam is
a contracting party (especially the TRIPS Agreement).
- Any entity violating intellectual property rights laws with foreign elements in
Vietnam are equal in legal status during handling and liability incurred by their behavior
causes.
- For jurisdictions of intellectual property rights enforcement with foreign elements
in Vietnam, Vietnam law generally provides that "narrower" than intellectual property
rights enforcement in general.
2.3. Roles, functions and duties of the People’s public security force in the
enforcement of intellectual property rights with foreign elements in Vietnam
2.3.1. Roles of the People’s public security force in
intellectual property rights with foreign elements in Viet Nam

the enforcement

of

- Role of the People's public security force in the enforcement of intellectual
property rights with foreign elements in Vietnam reflected in the "empower" to People's
public security direct implementation of measures to prevent, fight, handle acts violating

law of intellectual property rights with foreign elements in Vietnam by administrative
measures and criminal measures.
- Role of People’s public security force is also promoted through coordinating
relations with other agencies, organizations and individuals (People’s Committee,
Customs Agencies, Market Management, People’s Courts ...) in activities to prevent,
detect and treat the infringement of intellectual property rights with foreign elements in
Viet Nam.
2.3.2. Functions of People’s public security force in the enforcement
intellectual property rights with foreign elements in Viet Nam

of

The function of People’s public security force is mainly operation aspects,
associated with the structure, inculude People’s security and People’s police, with
advisory function to State and Party to protect and preserve national security and social
order and safety; uniform state management in national security and social order and

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safety; fight and plot against activities of hostile forces, crimes and law breach in national
security and social order and safety.

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With the above regulations, People’s public security force has three basic
functions: advisory; state management in national security and social order and safety and
directly struggle with hostile forces, crimes, other violations of law. For each function,
the force required to conduct synchronously many aspects of work on a consistent basis

with the economic and social conditions of our country.
For the advisory function of the People’s public security force in the enforcement of
intellectual property rights with foreign elements in Vietnam, People’s public security
needs to synchronously conduct operations , such as information gathering, analysis,
evaluation, forecasting and proposing to Party, State to issue and direct guidelines, policies
and legislation on the enforcement of intellectual property rights with foreign elements in
Vietnam affecting national security and social order and safety, economy, society, defense
and foreign affairs of the country; Short-term and long -term planning in the enforcement
of intellectual property rights with foreign elements in Vietnam to get Government
approval, coordinate with ministries, branches and People's Committees at all levels in the
implementation of plans; particintellectual propertyate in the evaluation of eco-society
projects, society by ministries , agencies and localities related to purchasing, sale,
transferring of intellectual property rights with foreign elements in Vietnam that the objects
of these contract associated with national security and social order and safety...
For state management functions in national security and social order and safety
related to the enforcement of intellectual property rights with foreign elements in
Vietnam, People’s public security needs to conduct works, including propaganda, mass
education in respecting and the enforcement of intellectual property rights with foreign
elements in Vietnam; guidance, support businesses, organizations and individuals
(especially foreign organizations, individuals in Vietnam) to effectively themselves
protect their intellectual property rights ...
Perform functions of direct fight, suppress the enemy forces, crimes and law
violation of intellectual property rights with foreign elements in Vietnam, People’s public
security force is necessary to carry out the following activities: discover, verify, collect
information and evidence of infringement of intellectual property rights with foreign
elements in Viet Nam, in coordination with the competent agencies to handle violations
in accordance with law; organize, direct and conduct investigations under the criminal
procedure, the struggle to prevent the infringement of intellectual property rights with
foreign elements in Viet Nam …

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Related to handle violation intellectual property rights with foreign elements in
Vietnam with criminal measures, Criminal code year 1999 (amended and supplemented
in 2009) provides for intellectual property rights infringement offenses as: Breaching
regulations in granting of industrial property rights protection (Article 170) ; Infringing
upon copyrights and related rights (Article 170a); Infringing upon industrial property
rights (Article 171); Counterfeit goods trading and manufacturing (Article 156) ;
Manufacturing, trading counterfeit goods of food, foodstuff, medicine, preventive
medicine (Article 157); Manufacturing, trading counterfeit goods of livestock feed,
fertilizers, veterinary medicine, plant protection drugs, plant varieties and animal breeds
(Article 158); Breaching regulations on publishing, publishing of newspaper, audio
discs, video discs, video tapes or other publications (Article 271 of the Criminal Code
1999) ...

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2.3.3. Duties of People’s public security force in intellectual property rights
enforcement with foreign elements in Viet Nam
The task of People’s public security force is specific activities conducted in a
certain period in accordance with the functions of the People’s public security force. To
accomplish its mission, People’s public security force must use authority, conditions ,
technical facilities and work measures, coordination with other agencies, organizations
and individuals on the basis of legal provisions, People’s public security force has the
task of national security and social order and safety protecting related to intellectual
property rights with foreign elements in Viet Nam, such as information gathering,
analysis, evaluation, forecasting and proposal to Party and State to issue guidelines and
policies, legislation, protection strategies of national security, social order and safety

preservation, petition requirement combination of strategy of national security protection,
social order and safety preservation with strategy of building, development of economy,
society, defence and foreign affairs of State; protecting freedom, democracy, life and
property of people, protecting senior leaders of Party, State and international visitors,
protecting significant events, key objectives, projects in national security strategy, foreign
representative bodies, international organization representatives in Vietnam, individuals
keeping or closely related to State secrets.
Chapter 3
THE REAL SITUATION OF ENFORCEMENT OF INTELLECTUAL
PROPERTY RIGHTS WITH FOREIGN ELEMENTS OF PEOPLE’S PUBLIC
SECURITY
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3.1. The reality of law and law breach of intellectual property rights with
foreign elements in Vietnam

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3.1.1. The reality of enforcing intellectual property rights with foreign elements
in Vietnam
3.1.1.1. Vietnamese law on enforcing intellectual property rights with foreign
elements in Vietnam
The part presents briefly about regulations of Vietnamese law relating to the
enforcement of intellectual property rights having foreign elements in Vietnam. Although
the law of Vietnam so far has had no direct regulations of intellectual property rights with
foreign elements and their enforcement in Vietnam, the current laws, from the
Constitution to relevant legislation and bylaw documents, have shown indirectly the
application of law to the above relations.

3.1.1.2. International treaties that Vietnam is a member of and have relations to
the enforcement of intellectual property rights having foreign elements in Vietnam
The part shows several international treaties that Vietnam is a member of and have
regulations on protection and enforcement of intellectual property rights. The above
treaties do not have direct regulations on the implementation of intellectual property
rights with foreign elements in Vietnam; however, expressed princintellectual
propertyles, solutions and requirements on the enforcement of intellectual property rights
have huge impacts on the construction, application and improvement of Vietnamese law
according to general international standards on intellectual property.
3.1.2. The real situation of violation of intellectual property rights having foreign
elements in Vietnam
3.1.2.1. The fact of acts of infringement of copyrights and rights relating to foreign
elements in Vietnam
The part presents the fact of acts of infringement of copyrights and related rights
having foreign elements in Vietnam recently. Holders of law violation were diverse;
illegal acts were performed sophisticatedly in different fields, namely areas of printing,
publishing, advertising, radio and television, etc. Particularly, enemy forces have made
corrupt use of copyrights and related rights having foreign elements in Vietnam to
disseminate and against revolutionary career of Vietnamese Party and State. It puts a
heavy responsibility on people’s public security in struggling, preventing and resisting
the above illegal actions.
3.1.2.2. The real situation of violating industrial property rights having foreign
elements in Vietnam
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The scene of the violation reality of industrial property rights having foreign
elements in Vietnam is descrintellectual propertyted concretely in this part, such as: its
complicated happening and dependence on efficiency of law enforcement of competent

state agencies; it happens to all kinds of goods and products, especially essential
products; holders of the violation of industrial property rights having foreign elements in
Vietnam, who are belonging to many classes, have used a lot of subtle tricks to evade the
law and deal with the control of authorized state agencies; the production, trading and
consumption of products violating industrial property rights having foreign elements do
not only damage economically but also have serious impacts on lives and health of
humans, affecting national security and social order and safety. It sets out the
responsibilities of people’s public security force in the prevention of the said violations to
fulfill the functions and duties prescribed by law, etc.

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3.1.2.3. The real breach situation of rights to plant varieties having foreign
elements in Vietnam
The part focuses on legal violation on the rights to plant varieties having foreign
elements in Vietnam, mainly food crops. Besides, it is the import of some types of trees
that may have bad impacts on living environment of Vietnam. It sets out responsibilities
to functional agencies and people’s public security force in protecting food security and
ecological environment of Vietnam.
3.1.2.4. Reasons of the legal violation situation of intellectual property rights
having foreign elements in Vietnam
- The system of legal documents of Vietnam on the protection and enforcement of
intellectual property rights with foreign elements also has many shortcomings
- The mechanisms to guarantee the enforcement of intellectual property rights
having foreign elements in Vietnam are inappropriate and ineffective.
- The propaganda and education of the sense of law on the enforcement of
intellectual property rights having foreign elements in Vietnam have not been properly
respected.
- The downside impact of market mechanisms and the influence of international
integration process.

3.2. The real enforcement of intellectual property rights with foreign elements
in Vietnam of people’s public security force
3.2.1. Structure and organization of people’s public security in the enforcement
of intellectual property rights with foreign elements in Vietnam
The part presents in summary about structure of people’s public security in the
enforcement of intellectual property rights with foreign elements in Vietnam. At present,

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the people’s public security has not had a specialized unit responsible for the enforcement
of intellectual property rights having foreign elements but the activities are integrated
with the activities of other agencies (people’s security and people’s police).

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3.2.2. The concrete activities in the enforcement of intellectual property rights
having foreign elements in Vietnam of people’ public security
3.2.2.1. The work of advisory, commanding and directing the prevention of crime
and legal violations of intellectual property rights having foreign elements in Vietnam
- Undertook to advise the Party and State to construct commanding and directing
documents on protecting national security and preserving social order and related to the
enforcement of intellectual property rights having foreign elements in Vietnam.
- Ministry of Public Security has had many texts directing the protection of
economic security in accordance with the real situation, such as grasping situation,
advising to identify partners in foreign relations and objects need to struggle, evaluating
key economic projects; building and deploying projects of ensuring security and order to
serve economic and social development at key economic areas, etc.
- Ministry of Public Security issued the legal documents relating to the

enforcement of intellectual property rights having foreign elements in Vietnam and the
performance of management functions of state secret protection under the sector.
- Ministry of Public Security has coordinated with relevant agencies to contribute
to build decree detailing the provisions of the Law on Intellectual Property.
3.2.2.2. State management on national security and social order relating to the
enforcement of intellectual property rights having foreign elements in Vietnam
- Grasp the situation on the basic requirements, serve to prevent and fight crime and
violation of intellectual property rights with foreign elements in Vietnam. The receiving
channels of people’s public security mostly are secret network, denouncing letter,
information from other state management agencies, etc.
- Perform basic investigations to detect crime and violation of intellectual property
rights having foreign elements, to clarify the causes and arising and development
conditions of crime and law violations in this area.
- Detect legal violations and crimes infringing intellectual property rights having
foreign elements, promptly identify the location, the spots signs of production and trade
in counterfeit goods to carry out the control and handling measures.
- Be initiative to exchange and discuss with enterprises, require agencies and
enterprises to self-examine and self-overcome minor infractions and stabilize production.

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- Identify methods and tricks of crimes; and through mass media, propaganda and
educate the sense of law for all citizens, agencies, businesses and society as a whole to
understand his rights and responsibilities in detecting and denouncing crime and legal
violation on intellectual property rights having foreign elements to legal protection
agencies.

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- Focus detecting many economic and political uncertainties and more clarify the
intent of the enemy forces through economics affecting to change political regime in
Vietnam to advise the Party and the State to direct corrective measures, contributing to
protect path policies on economic and social development and protection of national
interests. At the same time, struggling to access the outdoor cases at many internal
fasteners, metabolic effects, collects economic secrets, state secrets against the social
system in our country.
- Coordinate with other units to formulate a list of state secrets of ministries,
branches and localities; advise building security regulations, provisions dealing with the
behavior revealed, lost secrets and state secrets work; recruit people working in essential
parts of the state security agencies; inspection and detection of overcoming many
loopholes and shortcomings in the protection of state secrets.
3.2.2.3. The work of directly fight, suppress infringing activities of national
security and social order and safety related to the enforcement of intellectual property
rights having foreign elements in Vietnam
To perform their functions and duties, based on the application of protection
measures stintellectual propertyulated by law, the people’s public security force
conducted struggling, repression and defeat every conspiracy of the enemy forces
enemies and criminals taking advantage of intellectual property rights having foreign
elements in Vietnam to encroach national security and social order and safety, against the
State and social system in Vietnam.
- Fight against the abusing of intellectual property rights having foreign elements
to infringe national security on the fields of culture, ideology, economic security, internal
security; information and communication, etc.
- On the abuse of intellectual property rights with foreign elements to infringe
social order and safety on the fields of production, trade and consumption of counterfeit
goods; production, trafficking and consumption of fake goods being foods, medicines;
fertilizer, animal feed, etc.
3.2.3. Overall comment and assessment of the enforcement of intellectual

property rights having foreign elements in Vietnam of people’s public security forces
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3.2.3.1. Strengths in the enforcement of intellectual property rights having foreign
elements in Vietnam of people’s public security forces

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- Always positive and proactive in the attack, suppressing crime and legal
violation of intellectual property rights having foreign elements in Vietnam.
- Take the initiative to work effectively on the situation, baseline surveys to detect
violations of the law and crimes infringing intellectual property rights with foreign
elements in Vietnam, to clarify the causes and arising and development conditions of the
violation and crimes.
- Be initiative to propose with the authorities to strengthen the state management
measures in the field concerned; and recommend enterprises to actively apply science technology to protect their intellectual property rights before the imminent unlawful acts
of infringement.
- Cooperate with the authorities to detect, investigate and handle legal violations
and crimes infringing intellectual property rights having foreign elements in Vietnam. At
the same time, the timely detection of the province, spots signs of production, trafficking
counterfeit goods violating intellectual property rights to conduct inspection measures
and handling.
- Be good at propaganda, dissemination, legal education on intellectual property
rights, proactive detection of expression in violation of a number of organizations,
individuals and businesses to actively exchange, discuss with the businesses, and at the
same time, required the agencies, businesses and individuals to manually check and fix
minor infractions. That have good effects on legal education and create conditions for
enterprises to develop production stability.

- Have identified the main ways and tricks of the crime, thereby applying
protection measures appropriate to the nature, characteristics and situation of crime to
fight resolutely and thoroughly; at the same time and through the mass media to
disseminate to agencies, businesses and social organizations to understand the crimes
mentioned above to detect, denounce and prevent as well as coordinate with the people’s
public security to struggle and prevent.
- Coordination between people’s public security forces with other agencies and
other forces in the enforcement of intellectual property rights having foreign elements in
Vietnam has been focused and brought significant results, especially in prevention
activities, dealing with the crimes committing national security, producing crime,
trafficking in counterfeit goods and control the export and import of goods across the
border, etc.
3.2.3.2. Shortcomings in the enforcement of intellectual property rights having
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foreign elements in Vietnam of people’s public security forces

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- Detection and handling of counterfeit goods violating intellectual property rights
having foreign elements, especially the products affecting the lives and health of
consumers (such as food, cosmetics, pharmaceuticals, drinks, etc.,) have not been high.
- The criminologist statistical work of people’s public security is not interested
satiselementy; there is still no clear-cut dissection between crime and violation acts of
intellectual property rights in general crime and violation actions of intellectual property
rights having foreign elements in Vietnam in particular.
- The coordination between people’s public security forces with other forces, as
customs agencies, market management, specialized inspectors and other forces involved

in preventing violations of intellectual property rights having foreign elements are not
long-term stability, not meeting the demands of practice set out.
- Police of criminal investigation of economic order management and position has
not performed well in the role of prevention and preventing crimes infringing intellectual
property rights with foreign elements in Vietnam
Chapter 4
SOME SOLUTIONS TO IMPROVING THE EFFICIENCY OF ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS WITH FOREIGN ELEMENTS IN
VIETNAM OF PEOPLE’S PUBLIC SECURITY FORCE
4.1. Forecast of international and national situation relating to the
enforcement of intellectual property rights having foreign elements in Vietnam of
people’s public security
4.1.1. Forecast of international situation relating to the enforcement of
intellectual property rights having foreign elements in Vietnam of people’s public
security
- Developed countries will protect intellectual property rights of their
organizations and individuals more and more tightly forward the direction of broadening
and extending objects of intellectual property rights, affecting seriously to the economy
of developing countries (including Vietnam).
- The expansion of international trade relations, in addition to improve economic
development of countries, also brings a serious impact on sovereignty, national security
and social order and safety of developing countries (including Vietnam).
- The world economic crisis is at the severe period of severe and have profound
impact on most countries (including Vietnam). It raises many negative elements of
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society, especially the growing trend of crime and violation of intellectual property rights
having foreign elements in Vietnam.

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4.1.2. Forecast of national situation relating to the enforcement of intellectual
property rights having foreign elements in Vietnam of people’s public security
- On national security protection area relating to the enforcement of intellectual
property rights having foreign elements in Vietnam of people's public security: on the
protection of State secrets, on cultural and ideological protection, on human rights issues,
on the protection of economic security, on security protection, on safety communications,
and on protection of internal security.
- On keeping social order and safety field related to the enforcement of intellectual
property rights having foreign elements in Vietnam of people's public security: the
possibility of the development of crime and violation of intellectual property rights
having foreign elements in Vietnam; methods and tricks of crimes and violations of
intellectual property rights having foreign elements in Vietnam; on the subject of
infringed intellectual property rights having foreign elements in Vietnam; on the subject
infringing intellectual property rights having foreign elements in Vietnam; on key areas
of activity happening the violation of intellectual property rights having foreign elements
in Vietnam.
4.2. Some solutions to improve operational efficiency enforcement of
intellectual property rights having foreign elements in Vietnam of people’s public
security forces in the current period
4.2.1. Solutions for building and improving the enforcement law of intellectual
property rights having foreign elements in Vietnam
4.2.1.1. Continue to improve the legal documents related to prevention activities
violating laws on intellectual property rights having foreign elements in Vietnam
- About law of intellectual property rights:
+ It is necessary to specify the concepts of intellectual property rights having
foreign elements and intellectual property rights having foreign elements in Vietnam
+ It is necessary to add livestock to the subjects of intellectual property rights

+ It is necessary to promulgate a decree guiding the intellectual property laws of
royalties; protection works, folk literature and art in the field of traditional medicine, food
processing secrets; registration fees for industrial property, etc.
- About Criminal Law: need to consider penalties for crimes involving intellectual
property, in the direction of reducing the death penalty for a particular crime; a proposal
to amend and supplement a number of articles and clauses of Criminal Code in order to
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contribute to removing obstacles in practice and update the new offenses arising in the
field of intellectual property.

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- About Civil Law: it is necessary to supplement the provisions of the Civil Code
fuller on the aspects of intellectual property rights, makes the process of applying civil
law on intellectual property rights is synchronized and unified; need additional
compensation problem mentally relating to intellectual property rights in the direction of
avoiding "leveling" between organizations and individuals; should be regulated to the
subject of Industrial property rights and Rights to plant varieties, technology transfer
issues have foreign elements, in the direction of foreign entities must be "organized,
foreign individuals" for the subject "foreigners, foreign legal entities "is set forth in the
above-mentioned articles.
- About administrative law: should promulgate documents guiding the Law on
Handling of Administrative Violations in 2012; need to modify the method of
determining fines for administrative violations based on the princintellectual propertyle
that penalties must be higher than the profit of violation can be obtained from the
violations to ensure deterrence of law; should clearly stintellectual propertyulate
permitting the fund deducted from the account administrative sanctions, against acts fund

illegal business, at the same time reward the regime with material worthy of those
accomplishments.
4.2.1.2. The necessary of issuing documents guiding directly and organizing the
enforcement of intellectual property rights having foreign elements in Vietnam of
people’s public security forces
- The laws of advisory work for the Party and the State to protect and preserve
national security and social order and safety related to the enforcement of intellectual
property rights having foreign elements in Vietnam should focus on sensitive issues
related to national security and social order and safety.
- The legislation in the field of State management of the enforcement of intellectual
property rights having foreign elements in Vietnam related to the enforcement of
intellectual property rights having foreign elements need to build new coordination
regulation with people’s public security with forces executing of intellectual property
rights having foreign elements in Vietnam.
- The direct legislation provisions of the fight against crimes and violations of
intellectual property rights having foreign elements in Vietnam of people's public security
should have a decree specified the working measures of people's public security forces.

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4.2.1.3. Supplement provisions of the law by increasing the activities of law
enforcement agencies in other coordinating relations with the people’s public security on
the enforcement of intellectual property rights having foreign elements in Vietnam.

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- There should be a focal point for receiving and handling complaints about
intellectual property in the direction of “one door” and simplifying administrative

procedures.
- It needs innovative thinking in preventing and combating intellectual property
rights violations.
- It should be assigned specific responsibility for law enforcement agencies, a focal
point for receiving and handling the infringement of intellectual property rights having
foreign elements in Vietnam.
- Promote the position of directly fight against crimes and violations of intellectual
property rights having foreign elements in Vietnam of people’s public security.
4.2.2. Solutions to build force and perform measures in the enforcement of
intellectual property rights having foreign elements in Vietnam of people’s public
security forces
4.2.2.1. There should be assigned clearly according to hierarchy about functions,
tasks and coordination in enforcement of intellectual property rights having foreign
elements in Vietnam of forces units in people’s public security to unify operational
objectives
- Need to have clear regulations on which kinds of cases handled under the
authority of people’s security and which under that of people’s police;
- Develop coordination between people’s security and people’s police in
investigating and handling to avoid omitting crime and legal breach of intellectual
property rights having foreign elements in Vietnam.
4.2.2.3. Need to further enhance the training and education of knowledge about
INTELLECTUAL PROPERTY law for each staff and soldiers in people's police security
- Need to have plans and training programs to foster deeper for officers and
soldiers of people’s public security the knowledge of intellectual property law.
- Expand the dissemination of knowledge about intellectual property law in full
force especially the standing foot unit in the area sensitive, prone to abuses of intellectual
property rights in general and have weak intellectual roofer foreign elements in Vietnam
in particular.
- Planning and programs with foreign partners , international organizations in order
to exchange experiences, share information and technical assistance to implement the

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INTELLECTUAL PROPERTY RIGHTS enforcement activities to achieve the highest
efficiency .

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- To strengthen the apparatus of people’s public security forces to meet the content
requirements intellectual property rights enforcement has foreign elements in Vietnam.
- Coordinate with training institutions, professional bodies within and outside the
sector under the program, specific projects; which is parallel to push the compilation of
monographs, collected materials for the training of intellectual property rights.
4.2.2.4. Need to boost synchronous process to control violation situation of
intellectual property rights having foreign elements in order to proactively detect,
prevent and combat the infringement of national security and social order and safety
- Organize to understand well the situation involving intellectual property rights
infringements in general and intellectual property rights having foreign elements in
Vietnam in particular on the basis of improving quality and efficiency in the work
associated with work of the entire population movement to protect national security,
linking intellectual property enforcement issues having foreign elements to implement
effectively national program of crime prevention.
- Develop a mechanism for processing information in a flexible way and need a
focal point for receiving, processing information at all levels, in which the most important
is the Ministry of Public Security.
4.2.2.5. People’s public security forces should cooperate with organizations and
individuals involved actively do a good job of preventing intellectual property rights
having foreign elements in Vietnam.
- The law construction and enforcement agencies have to coordinate closely with

media agencies to deliver news, documents and regulations of the state on intellectual
property rights. The information on intellectual property rights must be managed by
technologies that are advanced, modern and convenient for study and application.
- People’s public security forces need to continue the implementation of guidelines
for organizations and individuals in and outside the country to protect the intellectual
property rights. In addition, it is needed to mobilize scientists, knowledgeable
professionals engaged in intellectual property rights enforcement has foreign elements in
Vietnam.
4.2.2.6. People’s public security force needs strengthen international cooperation
with other nations and international organizations to struggle and prevent crimes and the
legal violation of intellectual property rights having foreign elements in Vietnam.
- Counsel and be initiative to propose with competent government agencies to
conduct exchanges and negotiations with foreign countries, especially the countries

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