On conducting customs
procedures for exported or imported goods, the customs authority shall be
responsible to inspect and compare the declared information of the goods owners
on the written customs declarations on goods’ names, trademarks, origin, value,…; Inspect and compare the
concluded contents of the State management agencies on the exported or imported
goods; Results of customs dossiers inspection with the results of goods actual
inspection; To compare the said inspection results with the laws and
regulations on counterfeit goods.
In case the goods are
found with intellectual property
rights infringement signs,
leaders of the Department of Customs where the infringing goods are located
shall consider and decide to apply measures to prevent administrative violations
and ensure the administrative violations punishment according to Current
regulations for the cases:
Imported goods do not
comply with goods labeling in accordance with regulations of laws; state
inspection conclusion on goods quality or goods quality inspection results
determine that the inspected goods do not fulfill requirements on importation
and exportation quality; the goods listed in the list of state management
agencies that fail to meet quality standards or are not allowed to circulate on
the market; The contents stated on the goods labels are incompliant with other
enclosed documents and so on.
Regarding the
infringing goods and being temporarily suspended, during the time the goods are
being temporarily suspended or subjected to prevention measures as prescribed
by laws, the Departments Customs shall be responsible to take the
following verification measures: Requesting the goods owner, owners of genuine
goods which are counterfeited to provide documentation relating to the goods;
cooperating with the goods owners and owners of genuine goods being
counterfeited to collect samples and unify the appraisement traders to conduct
appraisement; coordinating with the anti-smuggling control forces in
verification and investigation according to prescribed profession.
Actions against counterfeit goods or goods with signs of
counterfeit
In case the imported,
exported goods are detected to be counterfeit, preventive and penalty measures
in accordance with legislation on penalties for administrative violations shall
be applied;
If exported and
imported goods are detected with signs of counterfeit, the Director of the
Department of Customs shall request the customs declarant to provide documents
related to the goods:
A sale contract of
goods or vouchers with equivalent value;
A technical document
or a written component analysis (if any).
If the owner of the
genuine goods which are counterfeited is determined, the owner of genuine goods
which are counterfeited shall provide documents related to goods (such as
catalogs, appraisement conclusions, and documents from abroad, results of
handling of similar cases). If the owner of the genuine goods could not be
determined, customs dossiers, genuine goods, analysis results of the risk
information of goods and the law on counterfeit goods shall be utilized for
identification; customs control forces shall be cooperated to investigate,
verify (if necessary) or transfer information, case files to customs control
forces to investigate, verify and handle in accordance with regulations of
laws.
To learn more about ANT
Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71
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