View of arbitrators

Enterprises have to create barriers protect IPRs by themselves

12/12/2017 14:37

Intellectual Property Rights (IPRs) plays an increasingly important role for the economic and social development to improve the competitiveness of enterprises. However, many enterprises are still not aware of the importance of IPRs.

enterprises have to create barriers protect iprs by themselves

The guidance of distinguishing fake goods and authentic goods for exhibitors in an exhibition Photo: T.D

The above was stated by experts at the Protection and development of intellectual property in the industrial age 4.0 seminar held by Vietnam Chamber of Commerce and Industry (VCCI).

At the seminar, Mr.Nguyen Thanh Binh, Director of Center for Intellectual Property Development under the Intellectual Property Department stated that according to statistics, on average, the number of IP registration applications of enterprises increased from 7% to 15%. Although the licensing procedures were improved, actually it has not met the demand. Because, the number of Vietnamese businesses with a business registration license usually ranged from 500,000 to 600,000 enterprises per year while the number of certificates issued by the Intellectual Property Department from 2005 to present day was less than only 300,000 certificates, and this is not including that many pharmaceutical companies had between 100 to 200 trade brands, the equivalent to 200 certificates per enterprise.

For the IP registration of businesses, Mr. Tran Manh Hung, IP expert, VIAC arbitrator, and lawyer of Baker & Mckenzie Company in Vietnam, said that registration of procedures to establish the trademark with simple procedures, low cost but have not yet been paid attention by enterprises, especially for start-up businesses. This was the difference between domestic enterprises and foreign enterprises to start investing in Vietnam.

Kết quả hình ảnh cho trần mạnh hùng baker

Mr. Tran Manh Hung, IP expert, VIAC arbitrator, and lawyer of Baker & Mckenzie Company in Vietnam

On the same view, Mr. Nguyen Thanh Binh added, the Department received about 3 to 4 thousand registration applications every year. However, the number of registration applications of the Vietnamese people only accounts for about 10%, the remaining was from foreign individuals and organizations. Moreover, with the small number of Vietnamese applicants, the number of applications that were successfully registered only accounted for 10-15%, while foreign companies, the rate was 50%.

According to Mr. Binh, one of the reasons for this situation is that the description of IP registration application of Vietnamese enterprises have not incompleted and rather simply; while the applications of foreign companies are described in detail and complete, because before they were sent to the Intellectual Property Department the applications had already been sent to the Law Offices for consultation .

Sharing the difficulties of enterprises in the field of IP, Mr. Doan Thanh Hoa, representative of Karofi Company in Vietnam said that every year Karofi always improves its products twice per year. But, when these products were sent for the registry, the company had to wait up to 2 years to receive the certificate. Meanwhile, 2-3 months later, the "imitated" Karofi products were sold in the market. Therefore, the company expected that the relevant management agencies should take a measure to publicize that registration to protect the IP of the company.

For this situation, the experts said that enterprises should take the initiative to protect themselves against IPRs infringements. Enterprises should create a barrier to protect IPRs. When businesses call for help, the relevant agencies have the ability to protect and support in a timely fashion.

Typically, according to Mr. Nguyen Viet Hong, Chairman and Director General of Vina CHG, the current solution is the application of anti-counterfeit stamps with high quality for investigation of goods origin.

In addition, to enhance the effectiveness of anti-counterfeiting, Mr. Do Thanh Lam, General Secretary of the Vietnam Association for Anti-counterfeiting and Trademark Protection, said that it needs to further strengthen communication and review legal documents to amend in accordance with reality. To even sanction revoking the licensing into the law for production of counterfeit goods. There should be an IP - related stakeholder organization to evaluate violation cases on counterfeit goods and trademarks.

By Huong Diu/Ngoc Loan | CustomNews | Published on 8th December 2017

Share Post
SOME OTHER NEWS
  • Farm produce needs improved quality to unlock EU market 23/08/2018 11:46

    Vietnam is one of the important suppliers of farm produce to the EU, ranking 12th among all exporting nations and meeting 2.2% of the demand, above Thailand, New Zealand, Malaysia and Canada. However, the EU has paid due attention to food value, quality, safety and hygiene and has issued stringent regulations on antibiotics, pesticides and tracing product origin.

  • US-China trade war evolves into battle for power 10/08/2018 11:18

    Last week, international media reported that the Trump administration was considering slapping a 25 per cent tariff on US$200 billion of imported Chinese goods, 10 per cent higher than its initial proposal, in a bid to pressure Beijing to make trade concessions.

  • Concerns about Multiple Sublicenses from National Competition Committee Model 17/05/2018 13:46

    The National Competition Committee should be an independent governmental body rather than a ministerial affiliate, said at a Consultative Workshop on Revised Law on Competition, raising concerns about the birth of multiple sublicenses, monopolistic behaviours and power abuse in the public service. 

  • Forgiving tax debts must be done transparently 06/04/2018 14:08

    Tax losses caused by enterprises that have received contracts to be paid from the State budget, but haven’t yet paid their taxes, are also under consideration for tax clearance. The amount of tax arrears is estimated at over VNĐ542 billion (roughly $24 million).

  • Tough odds for VN market upgrade 19/03/2018 09:43

    Việt Nam’s securities market has a 25 per cent chance of being upgraded to the “emerging market” status from its current “frontier market” level by 2021, according to Võ Trí Thành, senior economist at the Central Institute for Economic Management (CIEM) cum VIAC arbitrator.

  • Mine declines: Good news for sustainability 07/03/2018 10:54

    Statistics from the General Statistics Office of Việt Nam (GSO) showed that the mining industry has posted a record slump since 2011, with the growth rate dropping by 7.1 per cent in 2017 and 4 per cent in 2016. This could be a small disappointment amid lots of bright spots in the country’s wider socio-economic picture last year. But this could also lead to an alarming conclusion – the mining industry will be unable to return to growth, and so the growth pattern must be transformed. 

  • Insurance books should not be used as collateral 06/03/2018 17:09

    Lawmakers, lawyers and leaders from Vietnam Social Security (VSS), a State agency in charge of the country’s social insurance programme, have all advised against the practice of using social insurance books as collateral by banks, credit institutions and small loan businesses at a conference last week on the subject.  

  • Five Vietnamese think tanks have been ranked in the top 100 06/03/2018 17:07

    The five think tanks are Việt Nam’s Institute of World Economics and Politics (30th), the Diplomatic Academy of Việt Nam (40th), the Việt Nam Institute of Economics (42nd), the Việt Nam Institute for Economic and Policy Research (VEPR - 56th), and the Việt Nam’s Institute for American Studies (97th).

    REGISTER EMAIL WITH VIAC