Heavier sanctions against intellectual property infringements

Tightening sanctions for handling acts of infringement of intellectual property rights (IPRs) and violations of the IP law, especially IPRs-related counterfeit goods, is one of the key contents of a Prime Minister Decision that took effect on August 21.
Decision 1624/QD-TTg, amending and supplementing a number of articles of Decision 1068/QD-TTg approving the Intellectual Property Strategy through 2030, states the need to enhance the alignment of IP policies and laws with socio-economic, national defence and security policies and laws; and to integrate policies and solutions aimed at promoting innovation, establishment, commercialisation and protection of IPRs into science and technology development, innovation strategies and policies; and national and sectoral economic, cultural and social development, national defence and security policies.

Heavier sanctions against intellectual property infringements

Decision 1624 calls for updating emerging IPR issues tied to modern science and technology trends of the Fourth Industrial Revolution, including artificial intelligence (AI), to propose appropriate statutory revisions. This includes studying and addressing the protection of new and non-traditional IP subject matters such as big data, digital assets, blockchain, biotechnology and semiconductor technology as well as IPRs infringements in cyberspace and on digital platforms.

The decision mandates ensuring that IPRs protection measures align with the civil nature of IPRs; promoting the handling of IPRs infringements through civil remedies while elevating the quality of administrative handling of such acts.

It aims to create favourable conditions for businesses’ import and export activities, promoting foreign investment and technology transfer. At the same time, it ensures the strict management of trade secrets, strategic data, source technologies, core technologies, and state-secret patents, thereby preventing the unauthorised transfer of critical technology. It also calls for establishing mechanisms for early detection and warning regarding cross-border IPRs infringements, ensuring IPRs protection is closely tied to safeguarding national defence, security and sovereignty.

The decision urges strengthening coordination and establishing a unified mechanism for coordination between state administrative agencies and IPRs protection agencies.

It calls for intensified inspections and stricter handling of IPR infringements, particularly in the digital environment; increased legal liability for intermediary service providers and platform operators to prevent and eliminate IPR infringements in cyberspace; and improved efficiency in controlling IP-related imports and exports.

- (VLLF)

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