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Legal Update

The New Law on Criminal Responsibility for Intellectual Property Rights Infringements

8 July 2008
Mayer Brown JSM Legal Update
Summary
 
The People's Supreme Court, People's Supreme Procuracy, Ministry of Public Security, and Ministry of Justice issued inter-ministerial No. 01/2008/TTLT-TANDTC-VKSNDTC-BCA-BTP on 29 February 2008 ("Circular 01") to establish criteria for establishing criminal responsibility for intellectual property rights infringements. This law demonstrates Vietnams' commitments to enforce intellectual property rights.
 
Full Update
 
In order to ensure the proper and unified examination of penal liability for acts infringing upon intellectual property rights, The People's Supreme Court, People's Supreme Procuracy, Ministry of Public Security, and Ministry of Justice jointly issued provisions on establishing liability for intellectual property rights infringements.

The provisions on infringing upon copyright/industrial property rights are set out as follows:

1.  Those who intentionally commit an act thereby infringing upon copyright or related rights as specified in Article 28 or Article 35 of the Law on Intellectual Property; and their act meets the elements for prosecution under Article 131 of Penal Code or Article 171 of Penal Code.

2.  The holder of the copyright or related rights/ the mark owners or geographical indication-managing organizations requests prosecution.

Circular 01 also set forth criteria for rating the seriousness of the infringement.
 
This Circular takes effect as of 04 April 2008.
 
 
For further information, please contact:
Dao Nguyen (
dao.nguyen@mayerbrownjsm.com );
Ephraim N. Wittman (
ephraim.wittman@mayerbrownjsm.com ); or
Hanh Bui (
thimyhanh.bui@mayerbrownjsm.com )
 
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