Statistics on IPR infringment cases handled in Vietnam

Numbers of IPR infringement cases handled by administrative enforcement authorities in Vietnam during 2012-2015

Enforcement body 2012 2013 2014 2012-2015

Inspectorates of Science & Technology

 

 69 cases (38 cases handled by Inspectorate of Ministry of Science & Technology) 142 cases 113 cases (64 cases handled by  Inspectorate of Ministry of Science & Technology) 473 cases
Market Management Agencies* 9.556 cases (counterfeit, poor quality goods, IPR infringement goods) 13.037 cases (counterfeit, poor quality goods, IPR infringement goods) 17.396 cases (counterfeit, poor quality goods, IPR infringement goods) 22.441 (counterfeit, IPR infringement goods)
Customs authorities 101 cases (the whole customs authorities) No report 24 cases (handled by Department of Investigation and Anti-smuggling) No report

Source: Inspectorate of Ministry of Science & Technology

 Number of IPR infringement cases handled under administrative route by Department of Market Management Agency during 2015-2017

Year Total number of infringement cases NUMBER OF HANDLED CASES, ACT OF INFRINGEMENT Total fine (Billion Dong)
Act of Infringement
Counterfeit Geographical Indication, trademark, packages Counterfeit stamps, labels, packages
Number of infring   Value of infring Number of infring Fine Value of infring  
ement cases Fine ement goods ement cases (Billion Dong) ement goods
  (Billion Dong) (Billion Dong)     (Billion Dong)
2015 3.255 1.632 14,485 14,846 973 3,444 4,685 23,057
2016 4.018 2.846 19,311 22,225 673 3,064 3,414 26,403
2017 4.521 3.518 28,604 26,864 395 1,516 1,592 34,659

Source: Department of Market Management Agency, Ministry of Industry & Trade

 Number of IPR infringement cases handled by enforcement authorities during 2012-2015

Enforcement authorities Inspectorate of Culture, Sports and Tourism

Telecom

munication Sector

 Inspectorate of Science & Technology Customs Market Management Agency Economic Police Court
Cases 386 6 473 n/a 9.289 n/a 177
Average 97 2 118 66 2.322 n/a 44

 Source of data:

  • Statistics on IPR enforcement by Customs authorities are taken in conformity with those handled by IPR protection and Counterfeit, Anti-smugling Agency handled in 2015 (Source: Speech of the Anti-Smuggling Investigation Department at the Conference on Summary of 10 Years of implementation of Intellectual Property Law - May 2017).
  • Statistics from other enforcement authorities (except for Market Management authorities): 168 program in the period of 2012-2015.
  • IPR enforcement statistics by Market Management agencies: Since enforcement statistics by Market Management agencies from Program 168 are aggregated data, no separation of IPR infringement case, so the temporary analysis and estimation of statistics are made under the following method:

+ Step 1: Calculating the average rate of infringement of intellectual property rights (including intellectual property counterfeit goods) in the total number of administrative fines / fines of the Market Management force in two years 2015-2016 (based on data provided by the Market Management Department). In detail:

Year Number of cases (the whole cases) Number of cases (IPR enforcement cases) Rate of IPR infringement (%)
2015 25.123 3255 12,96
2016 29.276 4018 13,72

(Source: Market Management Department)

Result: 13,34 %  

+  Step 2: Taking the above rate to multiply the total number of cases of handling fake goods and infringing intellectual property rights (in general) provided by the Ministry of Industry and Trade for the Report on summarizing 10 years of implementing the Intellectual Property Law to calculate the "actual" enforcement data on intellectual property rights of the Market Management Force in the period of 2012-2015. Specifically:

Year 2012 2013 2014 2015 Total
Number of cases (the whole cases) 13.101 14.008 17.396 25.123 69.628

(Source: Ministry of Industry and Trade)

 Handling and resolving criminal cases about IP at the People's Court for the period of 2012-2015

Year Crime Applicable article of law Number of handled cases Analysis of handled cases
Transferring the cases Terminating the cases Returning case files to procuracies Adjudicating
2012 Crime of infringing Industrial Property  Rights 171 1 0 0 0 1
2013 Crime of infringing Industrial Property  Rights 171 2 0 0 1 1
2014 Crime of infringing Industrial Property  Rights 170 1 0 0 0 1
Crime of infringing Industrial Property  Rights 171 11 0 0 5 6
2015 Crime of infringing Industrial Property  Rights 171 4 0 0 1 3

Source: Supereme People's Court