Client/Legal Alert: Circular No. 13/2015/TT-BTC, New Guidance on the Handling of Infringing and Counterfeit Goods in Import and Export

Circular No. 13/2015/TT-BTC will take effect from March 15, 2015, providing guidance on changes to the management of handling of infringing and counterfeit Goods in import and export. The reforms contain some good news for intellectual property owners, particularly with respect to the processes for seizures by the Vietnamese Customs of imported/exported shipments of infringing goods.

IP owners to be given more information about the seized goods

At present, when Customs seizes a shipment of suspect goods, it provides the IP Owner with a “Notice of Seizure” that identifies:

• Name of goods

• Quantity of goods

• Value of goods

• Origin of goods

• Importer

• Exporter

• Invoice number

Customs must release the seized goods to the importer, unless the IP owner, within an “action period” of 3 working days from the date of “Notice Seizure” lodge a "Request for Temporary Suspension of Doing Customs Procedure" with the Customs. However it is often difficult for the IP Owner to identify the counterfeit goods within this action period and the above limited information.

Changes: Once a suspect shipment is seized by Customs, the IP owner will be given more information about the seized goods e.g. images of the seized goods (if any) and will have 5 working days requiring Customs to hold the goods.

Dealing with the goods appear counterfeit

At present, if the goods appear counterfeit, Customs detain the shipment and contact with the IP owner to identify and verify the goods. Otherwise the seized goods are returned to the importer.

Changes: if the imported and exported shipment of goods that appear counterfeit, Customs have rights to request:

·         The declarant to provide with further information about the suspected goods such as copies of i) the Contract of Purchasing Goods; ii) Technical Document or Specification of the goods.

·         The importer, the IP owner (if the Customs can identify and contact the IP Owner) to provide the documents relating to the goods.

·         An assessment on the sample of seized goods to verify the goods.

The Competent Division Regarding Intellectual Property

After commencement of the amendments, the Competent Division regarding IP will handover from the Anti-smuggling and Investigation Department to the Customs Control and Supervision Department.

For additional information about this matter, please contact at hanoi@pham.com.vn

Pham & Associates is a leading intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn