Hanoi struggles to combat counterfeiters
HANOI -
Vietnam faces an uphill battle
stemming the tide of industrial
counterfeiting across the country
although the government hopes a
new decree will add teeth to
enforcement efforts, a senior official
said.
Tran Viet Hung, deputy director
general at the National Office of
Industrial Property of Vietnam, said
counterfeit violations on goods and
services had risen in the past several
years and affected many foreign
companies.
The key obstacles to halting
violations were a lack of legal
deterrence and problems enforcing
regulations, he said.
``The situation with counterfeit goods
is serious and on the rise,'' Hung said
in an interview late on Wednesday.
He said the World Trade
Organisation had not made the issue
a key requirement for Hanoi's
eventual entry into the body, but the
government realised it must show
foreign companies that industrial
property rights would be protected.
Hung said his office recorded
complaints and assisted other
government authorities in trying to
stop violations by using
administrative measures such as
fines.
The office recognised 34 classes of
industrial goods and eight types of
services, he said. Items such as
software were handled by another
department charged with copyright
issues.
Counterfeit goods are widely
available in Vietnam and range from
food, drinks, medicine, cosmetics,
detergents to construction materials
and spare parts for motorbikes.
Hung said 239 cases were recorded
by his office last year compared with
52 in 1995. Of those last year more
than 90 involved foreign-invested
enterprises.
Other government authorities had
estimated there were thousands of
violations across Vietnam, he added.
Highlighting the problem, Hung said
that in Hanoi and the business hub of
Ho Chi Minh City only around 10
legal suits had ever been filed by
claimants at civil courts.
On the other hand, criminal courts
had heard hundreds of cases
because these could be prosecuted
directly by police and did not require
the claimant to press charges.
``Courts are not playing enough of a
deterrence role. Civil courts require a
claimant to file a suit and the reason
they don't is the expense and
complicated process,'' Hung said.
But Hung said a March 6 decree on
administrative settlement for industrial
property should empower
enforcement.
He said the new measure gave
detailed descriptions of what
constituted counterfeit violations and
raised the maximum fine to 100
million dong ($7,200).
While fines could still be higher,
Hung said this was better than
current levels where fines were so
small the violators paid them and
kept producing the fake goods.
A firm that had once imitated the
popular La Vie branded mineral
water was fined a mere one million
dong ($72), he said.
La Vie is produced by a joint venture
between Perrier Vittel SA of France
and a Vietnamese firm. Perrier Vittel
is a subsidiary of Swiss-based food
group Nestle SA
Reuters - May 12, 1999.
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