Home Blog Page 4

Fake, low quality pesticides ‘out of control’

By
sblaw
-

HCM CITY – A severe shortage of funds and personnel has resulted in such loose management of pesticides in the southern region that most of the market is “out of control,” agriculture officials say.

Each province has just two inspectors working for the Cultivation and Plant Protection Division. These two are responsible for managing and inspecting hundreds of small and big pesticide traders and thousands of products in the market.

In Bình Thuận Province alone, there are 780 shops and agents selling plant protection drugs spreading over nine cities, districts and towns.

The inspection office gets VNĐ100 million (US$4,400 approx) every year for inspection of production and trading of pesticides and fertilizers. This allows for just two inspections a year, covering about 200 to 300 shops.

The remaining is “out of control,” a Nông Nghiệp (Agriculture) newspaper report says.

It cites Đỗ Văn Bảo, head of the province’s Cultivation and Plant Protection Division, as saying that the cost of testing a sample is about VND550,000 ($24.4). At each inspection, depending on the State fund for management of “plant protection products,” about 12 to 15 samples are taken for testing.

Firewall Cisco| | Juniper switch | Router cisco | thiết bị mạng cisco | thiết bị chống sét | Bộ lưu điện UPS

Given that there are at least 1,700 products sold at the market, the number of samples taken for testing are insufficient to definitively ascertain if counterfeit or poor quality drugs are being stored and sold.

“Since we have a very limited budget, we only take a few samples for testing. We chose samples with suspicious signs of bad quality like curdled powder, sedimentation or precipitation,” Bảo said.

Đồng Nai Province has a large agricultural area and diverse crops, so the demand for pesticides is large.

According to the provincial Cultivation and Plant Protection Division, there are 12 plants and factories that produce, bottle and package pesticides, 15 trading companies and branches, and more than 400 agents and shops located in 12 cities, districts and towns.

The two inspectors in the division face many difficulties. They only can conduct two inspections a year, covering 10 to 20 agents per district.

Meanwhile, the testing of pesticide quality takes a lot of time and money, resulting in many production and trading violations.

In the first 10 months of this year, the division imposed fines of VND66 million in 27 out of 95 cases of violations discovered.

Most violations relate to trademark and business certificates. The division has not been able to find any violation related to fake and poor quality products.

The Nông Nghiệp report says that in recent years, most inspection reports from the Cultivation and Plant Protection divisions in southern provinces show less, and even no violations of counterfeit and poor quality pesticides, a highly improbable situation on the ground

The violations exposed are mostly the use of fake brand names, expired products, absence of business certification or expired certificates and the selling of pesticides in an establishment that is also selling food items.

“Fake pesticides commonly found in the markets are those carrying big brand names like Bayer, Syngenta, HAI and ADC. It is very difficult to detect the fakes by outside labels. Only producers can recognise them,” Bảo said.

“It is also very difficult for inspectors to recognize the fake products without proper co-ordination with enterprises and the police,” he said, adding, “we cannot do that with very few people and little funding.”

In fact, pesticides carrying fake labels of famous brands have been in the market for a long time. This problem is considerably worsened when the pesticide itself of spurious, low quality being sold cheaply.

Last month, a packaging company in HCM City’s Tân Phú District was discovered printing fake labels of a well-known pesticide producer.

Some Cultivation and Plant Protection divisions in the Mekong Delta have admitted that they have not being doing an effective job of detecting fake pesticides and poor quality products.

Bùi Văn Kịp, technical director of the Bayer Company, said that the divisions only focus on inspection and detection of shops and agents, while the root of the problem lies in production, which receives far less attention. — VNS

Source: http://vietnamnews.vn/society/417266/fake-low-quality-pesticides-out-of-control.html#X0uUtjzDwEhyYDe4.97

SBLAW Is Ranked Top 1 In The Field Of Intellectual Property By The Legal 500

By
sblaw
-

SBLAW is ranked by The Legal 500 as Top 1 by the Legal 500 for the year of 2018, we would like to show the comments from this organisation.

Firewall Cisco| | Juniper switch | Router cisco | thiết bị mạng cisco | thiết bị chống sét | Bộ lưu điện UPS

SB LAW’s ‘professional, responsive and experienced team’ provides ‘an excellent service’. Pham Duy Khuong advises well-known Vietnamese and international businesses on dealing with counterfeiting and other infringement, as well as handling international registrations and freedom to operate checks, among other work. Khuong advised Sabeco, which produces Saigon Beer, on registering its trade marks in the US, Laos, Thailand and Malaysia. Other clients include Canal+, Vinaphone and Harvest Corporation. Patent highlights include advising on registrations of chemical, pharmaceutical and medical patents, as well as assisting with industrial design registration. Nguyen Tien Hoa is also involved in key mandates.

Please see this link:

https://www.legal500.com/c/vietnam/intellectual-property/local-firms

Quotation for Trademark Registration in LAOS

By
sblaw
-

Question: Kindly provide us your charges for conducting trademark search & filing through registration and the relevant documents to proceed the application in LAOS.

Answer:

Thanks for your email regarding the subject matter. Regarding your enquiries concerning the subject matter, we would like to advise you on procedure and our updated fee schedule in relation to the trademark registration proceeding in Laos as follows:

  1. Trademark information
Trademark: Please advise
Class: Please advise
  1. Fee schedule

In Laos, multi-classes application is acceptable. The basic fees are calculated based on the number of class of goods/services (G/S) in each application as well as the number of products designated in each class in the application.

Below is the breakdown of charges for registering a trademark for 01 trademark in 01 class in Laos in a smooth case, for your consideration:

2.1. Trademark searches (Optional)

Works Official Fees Attorney Fees
(USD) (USD)
Fee for conducting trademark search for 01 trademark in 01 class 100.00 80.00
Bank charge 20.00
Subtotal 200.00
5% VAT 10.00
TOTAL 210.00
Two hundred and ten US dollar

Note: The above-quoted fees include Official Fees and Attorney Fees, 5% VAT, bank charge and communication cost

2.2. Trademark registration in Laos

Description Official Fees (USD) Attorney’s fees (USD)
Fee for filing an application for 01 trademark in 01 class 240.00 120.00
Bank charge 20.00
Commutation cost 40.00
Subtotal 420.00
5% VAT 21.00
441.00

Four hundred and forty one US dollars
TOTAL

Note: The above-quoted fees include Official Fees and Attorney Fees, 5% VAT, bank charge and communication cost; do not include additional fees in case of refusal in examination or being opposed by the third party (e.g: due to similarity/to identity with other trademarks which were already registered…). In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

  1. Timeline
Country Time of trademark search

(working days)

  Time of registration
Laos 15 – 20 10 – 12 months
  1. Required documents and information 

      Name and address of the Applicant;

      List of Goods/Services;

      Specimen of the applied mark (in e-copy only);

      An original Power of Attorney which is notarized (SBLAW’s form)

Vietnam elected WIPO General Assembly Chairman

By
sblaw
-

Ambassador Duong Chi Dung, head of Vietnam’s Permanent Mission to the UN, the WTO and other international organisations in Geneva, has been elected Chairman of the World Intellectual Property Organisation (WIPO) General Assembly for 2018-2019.

Firewall Cisco| | Juniper switch | Router cisco | thiết bị mạng cisco | thiết bị chống sét | Bộ lưu điện UPS

The election was made by representatives of all 191 WIPO member countries at the WIPO General Assembly’s 49th session that opened in Geneva on October 2.

Ambassador Dung was the candidate of countries in the Asia-Pacific region, which has not had any representatives serving as Chairperson of the WIPO General Assembly for 12 years.

He said his election with the absolute support of the all 191 member countries showed their trust in and support to Vietnam. It was also the result of active contributions by the Vietnamese mission in Geneva and himself to WIPO’s activities.

He also appreciated the Vietnamese mission’s strong electioneering and the solidarity among ASEAN and Asian-Pacific nations which advocated Vietnam’s candidacy.

The country’s candidacy for and election as the Chair of the WIPO General Assembly are to continue demonstrating Vietnam’s multilateral foreign policy and being a responsible and proactive member with practical contributions to the building of policies and regulations at multilateral organisations and forums.

The WIPO General Assembly, founded in 1967, is one of the 16 specialised agencies of the United Nations.

WIPO is the first and also the most important partner of Vietnam in terms of international cooperation in intellectual property. It has provided the country with much assistance in law making, capacity building, personnel training, and public awareness improvement.

Source: http://en.nhandan.com.vn/politics/external-relations/item/5541202-vietnam-elected-wipo-general-assembly-chairman.html

Vietnam promotes e-filing system at intellectual property office

By
sblaw
-

 Vietnam will work harder to raise public awareness of e-filing system in intellectual property (IP) registration, which has been put into place earlier this year by the National Office of Intellectual Property of Vietnam (NOIP), said Le Ngoc Lam, NOIP deputy head.

The system benefits both file submitters and IP agencies, Lam told Vietnam News Agency reporters on the sidelines of the 45th meeting of the Intellectual Property Experts Group (IPEG) in Ho Chi Minh City on August 22.

To intensify the e-filing system, it is necessary to ensure smooth procedures and IP agencies should make thorough preparations in order to deal with piles of dossiers, the official noted.

This is also one of the two initiatives presented by Vietnam at the IPEG meeting, together with the country’s joining of The Hague Agreement Concerning the International Registration of Industrial Designs in the coming time, Lam said.

The agreement could be useful for Vietnamese enterprises which want to register for IP rights in other countries, the official said, noting that Vietnam is making all-out efforts to ensure that the country can engage in the document without having to amend relevant domestic laws.

Since some articles of Vietnam’s Law on Intellectual Property, which has been put into operation for ten years, have not matched The Hague Agreement, Vietnam needs to raise their own voice in this regard.

Developing an e-environment which should be strong enough to accelerate Vietnam’s participation in the agreement remains a big challenge to the country, especially in the context of the poor domestic information infrastructure, Lam noted.

Takashi Koyama, Director of Intellectual Property Affairs Division at Japan’s Ministry of Foreign Affairs, told VNA reporters that Japan has cooperated with Vietnam in terms of developing the e-filing system, which, he said, is very beneficial to users, including Japanese companies.

He said the system helps reduce written requirements or documents, and time of examinations and trademark publication, he said, adding that stakeholders can easily obtain the right to make use of this in Vietnam so that they can invest in the country.
Japan can cooperate with Vietnamese agencies to enhance public awareness of IP rights by adopting several measures upon their request, the official said.

“Recently our Government focuses on education, not only the university level but also elemental school and high school or junior high-school level,” he said, adding that the move aims to equip students with knowledge about IP.

The ongoing 45th meeting of IPEG creates a venue for APEC member economies to exchange information and experience in the IP sector.

The delegates discussed enhancing the IP system in remote areas of APEC economies, promoting the use of the trademark registration system through technology and simplification, examining the gender gap in IP to improve outcomes for women, and enhancing access to the IP system for small and medium-sized enterprises, among others.

They highlighted practical cooperation in this field between the APEC member economies.

Source: http://en.vietnamplus.vn/vietnam-promotes-efiling-system-at-intellectual-property-office/116694.vnp

The Minister of Science and Technology has handed over the Decision on appointment of the Director General of the National Office of Intellectual Property and De

By
sblaw
-

On 06/3/2017, the Minister of Science and Technology has announced and handed over the Decision appointing Mr. Dinh Huu Phi to hold the position of Director General of the National Office of Intellectual Property and Mr. Pham The Dung to hold the position of Deputy Director General of the State Agency for Technology Innovation.

Firewall Cisco| | Juniper switch | Router cisco | thiết bị mạng cisco | thiết bị chống sét | Bộ lưu điện UPS

On behalf of the appointed officers, the Director General of the National Office of Intellectual Property, Mr. Dinh Huu Phi expressed his thanks to the Minister and other Leaders, the Party Committee, as well as all the officials who have entrusted them. Mr. Dinh Huu Phi promised to try his best to fulfill the task and to continue to make good contribution to his duties and wish to continue to receive support of the Ministry’s Leaders, to close cooperate with units in the Ministry to fulfill the tasks for the development of science and technology.

Source: http://english.vipri.gov.vn/tin-tuc/shtt-trong-nuoc/the-minister-of-science-and-technology-has-handed-over-the-decision-on-appointment-of-the-director-general-of-the-national-office-of-intellectual-property-and-de-41722.html

Record Year for International Patent Applications in 2016; Strong Demand Also for Trademark and Industrial Design Protection

By
sblaw
-

China’s ZTE Corporation overtook its crosstown rival Huawei Technologies as the biggest filer of international patent applications via WIPO in 2016 and U.S.-based Qualcomm Inc. claimed third position amid another year of strong demand for WIPO’s intellectual property filing services for patents, trademarks and industrial designs.

Overall, applicants based in the United States maintained their number one ranking for the 39th year running, accounting for roughly a quarter (24.3%) of the 233,000 applications filed under WIPO’s Patent Cooperation Treaty (PCT) in 2016 – itself a 7.3 percent year-on-year increase  – followed by applicants in Japan (19.4%) and China (18.5%), with the latter driving the overall growth in demand. Digital communications and computer technology showed the greatest activity by sector.

Similar to the PCT, demand grew by 7.2 percent for WIPO’s international trademark filing service (Madrid System), which saw 52,550 applications, while the number of industrial designs handled by WIPO’s Hague System rose 13.9 percent to 18,716 – it is the seventh year in a row of growth in all three WIPO filing systems, which save filers time and money.

“In an interlinked, knowledge-based global economy, creators and innovators  are increasingly relying on intellectual property to promote and protect their competitive edge around the world,” said WIPO Director General Francis Gurry. “China-based filers are behind much of the growth in international patent and trademark filings, making great strides in internationalizing their businesses as the country continues its journey from ‘Made in China’ to ‘Created in China’.”

Patents

In 2016, U.S.-based applicants filed 56,595 PCT applications, followed by applicants from Japan (45,239) and China (43,168), which has posted double-digit growth each year since 2002. If this current trend continues, China will overtake the U.S. within two years as the largest user of the PCT System. Germany and the Republic of Korea with 18,315 and 15,560 applications were ranked fourth and fifth, respectively (Annex 1  PDF, Annex 1: PCT international applications by origin). China and India (1,529) are the only two middle-income countries among the top 15 origins.

In total, Asia accounted for 47.4% of total PCT applications, just short of the combined share of Europe (25.6%) and North America (25.3%).

Among the top 15 origins, China recorded extraordinary growth (+44.7%), while Italy (+9.3%), Israel (+9.1%), India (+8.3%) and the Netherlands (+8%) also saw strong growth rates. In contrast, Canada (-17.3%) – for the second consecutive year – saw a substantial decline in filings, linked to declining applications from RIM/Blackberry and Nortel.

Shenzhen -based telecoms companies – ZTE Corporation (4,123 published PCT applications) and Huawei Technologies (3,692) –  occupied the top two spots in the list of top PCT applicants, with ZTE moving up two spots to push Huawei out of the leader position. They were followed by Qualcomm Incorporated of the U.S. (2,466), Mitsubishi Electric Corporation of Japan (2,053) and LG Electronics of the Republic of Korea (1,888). The top 10 applicant list comprised seven companies from Asia and three from the U.S. (Annex 2  PDF, Annex 2: Top PCT applicants).

Among educational institutions, the University of California  – with 434 published PCT applications – was the largest user of the PCT System and has maintained that position since 1993. Massachusetts Institute of Technology (236) was ranked second followed by Harvard University (162), Johns Hopkins University (158) and the University of Texas System (152) (Annex 3  PDF, Annex 3: Top PCT applicants by educational institution). While the top 10 is dominated by U.S.-based institutions, top 20 list consists of 10 U.S. and 10 Asian universities.

Digital communication (8.5%) accounted for the largest share of published PCT applications, followed by computer technology (8.2%), electrical machinery (6.9%) and medical technology (6.8%) (Annex 4  PDF, Annex 4: PCT international applications by field of technology). Among the top 10 technologies, medical technology (+12.8%) optics (+12.7%) and digital communication (+10.7%) saw the fastest growth in 2016.

Trademarks

U.S. applicants (7,741) filed the largest number of international trademark applications using WIPO’s Madrid System for the International Registration of Marks in 2016, closely followed by Germany (7,551), France (4,132), China (3,200) and Switzerland (3,074). China, Turkey (1,221; ranked 12th) and the Russian Federation (1,176; 13th) are the only three middle-income countries in the top 15 list (Annex 5  PDF, Annex 5: Madrid international applications by origin and designated members).

Among the top 15 origins, China saw the fastest growth (+68.6%) in 2016, followed by the Russian Federation (+32.7%), Italy (+14.4%) and the Netherlands (+14.1%). Austria (-3.8%), France (-0.4%), the Republic of Korea (-0.5%) and Switzerland (-2.4%) saw filing declines.

L’Oréal of France with 150 applications headed the list of top filers, followed by Glaxo Group of the U.K. (141), Germany’s BMW (117) and Lidl (112). Swiss company Novartis, which was ranked in first position in 2015, filed 100 fewer applications in 2016 and with its 94 applications now ranks in fifth position (Annex 6  PDF, Annex 6: Top Madrid applicants).

Computers and electronics was  the most specified class in international applications accounting for 9.4% of the total, followed by services for business (7.6%) and technological services (6%). Among the top 10 classes, technological services (+11.3%), and computers and electronics (+10.6%) saw the fastest growth.

China (with 22,314 designations), the European Union (21,526) and the U.S. (20,979) were the three most designated members in international Madrid applications. Middle-income countries such as the Russian Federation (14,604), India (11,105), Mexico (9,098) and Turkey (8,679) also received substantial numbers of designations in 2016. China has been the top designated country since 2006.

Industrial designs

International industrial design applications filed via WIPO’s Hague System for the International Registration of Industrial Designs grew by 35.3% in 2016. While designs contained in those applications grew by 13.9%. The 5,562 applications filed in 2016 contained 18,716 designs (Annex 7  PDF, Annex 7: Hague international applications by origin and designated members).

Germany with 3,917 designs was the largest user of the Hague System, followed by Switzerland (2,555), the Republic of Korea (1,882), the U.S. (1,410) and the Netherlands (1,317). Among the top 10 origins, Japan (+109.2%) and Turkey (136.5%) each saw substantial growth in 2016, albeit from a low base.

Fonkel Meubelmarketing of the Netherlands (953 designs) overtook Samsung Electronics of the Republic of Korea (862) as the largest user of the Hague System. The Republic of Korea’s LG Electronics with 728 designs was in third position, followed by Swatch of Switzerland (383) and Procter & Gamble of the U.S. (348) (Annex 8  PDF, Annex 8: Top Hague applicants).

Furnishing accounted for the largest share of total designs (11.3%), followed by recording and communication equipment (10%), means of transport (7.8%) and clocks and watches (6.9%).

The European Union with 14,952 designs was the most designated Hague member in applications. It was followed by Switzerland (8,811), Turkey (6,137), the U.S. (4,722) and Norway (3,324).

Source: http://english.vipri.gov.vn/tin-tuc/hoat-dong-shtt-quoc-te/record-year-for-international-patent-applications-in-2016-strong-demand-also-for-trademark-and-industrial-design-protection-41731.html

Australia: IP Australia launches intellectual property mediation service

By
sblaw
-

On 10 July 2017, IP Australia launched its IP Mediation Referral Service. The intent of the service is to encourage intellectual property disputes to be resolved more cost effectively through mediation instead of litigation or other adversarial procedures. What is the IP Mediation Referral ServiceFirewall Cisco| | Juniper switch | Router cisco | thiết bị mạng cisco | thiết bị chống sét | Bộ lưu điện UPS

The IP Mediation Referral Service currently contains a list of mediators with specialisations in certain areas of intellectual property. Users of the service can view the pricing, qualifications and experience of the mediator and contact the mediator if they wish to engage the mediator.

IP Australia claims that globally up to 70% of intellectual property disputes that go to mediation are successfully resolved through the mediation.

Start-ups and small to medium-sized enterprises are particularly targeted by the service, as these groups will often be in need of a lower cost and less formal approach to resolving IP related disputes.

Assistant Minister for Industry, Innovation and Science, Craig Laundy acknowledged that the value of intellectual property is directly linked to the ability of the intellectual property owner to protect it in a cost effective manner.

Making the protection of intellectual property more accessible to Australians is important to fostering an innovative culture and encouraging entrepreneurship.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Source: http://www.mondaq.com/australia/x/615214/Trademark/IP+Australia+launches+intellectual+property+mediation+service

IP rights violations alarm agencies

By
sblaw
-

Many Vietnamese food producers have reported breaches and misuse of their brand images, with not only domestic firms but also foreign firms violating Vietnamese producers’ intellectual property (IP) rights.

During a Wednesday forum in HCM City on the food sector’s protection of IP rights, the HCM City Market Watch reported a rising trend in the production, commercialisation and consumption of counterfeit goods, especially in the food and processed food sector.

The authority also commented that the technology and production scale of counterfeit goods are also increasing, with just about every popular food product being copied by a horde of cheap knockoffs and blatant infringements of the original’s trademark.

In recent years, with more free trade agreements signed by Viet Nam, domestic producers are facing an increasing number of IP infringements, with some serious cases involving household names such as Phu Quoc fish sauce or Trung Nguyen Coffee.

The authority believes the problem must be stopped at its roots, by encouraging consumers to boycott the use of counterfeit goods and increasing the severity of punishments for knockoffs producers.

Ly Kim Chi, chairwoman of the Food and Foodstuff Association of HCM City (FFA), stressed that there must be unanimous implementation of multiple solutions from both firms and market control authorities.

This means firms should invest in better, more up to date production technology and branding processes, while market control agencies must look for counterfeit goods more actively.

Chi advised firms to register their trademarks for optimal IP rights protection, which should include their trademarks, copyright, patents, industrial design rights, and even trade secrets. Firms would also benefit from complying with regulations on certificates of origin, such as barcode registration, and plan a long term IP protection strategy.

Phan Hoan Kiem, deputy head of the HCM City Department of Industry and Trade (DIT), said he believed the only way to fully deal with counterfeiting is for authorities, firms and consumers to work together.

Food for thought

Nguyen Thanh Phuong, a representative from the HCM City Market Watch, said that not only are counterfeit goods produced by domestic units, but they are also imported from foreign makers through illegal routes.

He noted that domestically produced knockoffs are made in parts by different people in different places and packaged in yet another place, making it hard for authorities to trace their origin.

Phuong explained that counterfeit food production begins once producers receive an order from a chief distributor, after which the imitation trademark and origin certificate are applied onto the products.

The final knockoffs are delivered to sellers or users without any inventory outstanding for the producers, out of fear that authorities will conduct inspections and discover the fraud. The same process applies for foreign counterfeit food, though Phuong noted that besides illegal trade routes, these goods can enter Viet Nam through borders gate as well.

Other experts at the forum said that the level of complexity in the technology used to produce these counterfeit goods is so great that even the authorities would struggle to tell the original and the knockoffs apart. Only certified original producers could use their own trade secrets to discover the imitation and confirm IP rights infringements.

Experts also said that counterfeit goods workshops tend to either be in densely populated areas or remote suburban regions, with the locations changing regularly to avoid inspections.

Currently, there are a multitude of knockoffs being sold in the country, including not only popular food products, but also household goods, electronics, clothes, makeup, pharmacies, construction materials, automobile spare parts and telecommunication devices.

According to Kiem, exposing knockoff production rings has been difficult for authorities, and he predicted the challenges to increase, unless firms and consumers also take action.

In the first six months of 2017, 310 cases of counterfeit production were exposed, while 2016 saw 1,653 cases with total fines of nearly VND17 billion (US$757,238).

The forum was organised by the DIT and the FFA, focusing on eliminating counterfeit production and raising awareness of the importance of IP rights protection.

VNS

Source: http://english.vietnamnet.vn/fms/business/185267/ip-rights-violations-alarm-agencies.html

GRANT OF PROTECTION OF GEOGRAPHICAL INDICATION “KAMPOT” FOR PEPPER PRODUCT

By
sblaw
-

On December 28, 2016, the National Office of Intellectual Property of Vietnam issued Decision No. 5065/QĐ/SHTT to grant the Geographical Indication Certificate No. 00054 for the famous Kampot pepper product. For Kampot pepper is protected the in Cambodia.

Kampot is the name of a region in Cambodia. Kampot pepper was mentioned in reports from Chinese explorer Tchéou Ta Kouan in the 13th Century. From the 19th Century to the first half of 20th Century was the golden age of Kampot pepper. Kampot pepper product was not only well-knowned in Cambodia but also in foreign countries such as France. It is regarded as a high quality pepper by chefs in France and Europe.

Kampot pepper can be produced in the following types: Black pepper, full berry; Red pepper, full berry; White pepper, full berry; Green pepper, full berry or cluster; Ground black pepper.

Property and quality of the different types of Kampot pepper are described as following:

Black pepper:

-Form: Dried berry

-Diameter & Density: Ø ≥ 4 mm; Density ≥ 570 g/l.

-Color: Dark black, black, brown black or grey black. It has no color of soil, dust and mold. The receptacle is less than 5%.

-Smell: The smell is medium hot. After grinding, the smell of powder pepper is very hot and long.

-Other: Tolerance is maximum 5% for the size of berries and less than 2% for the color.

Red pepper:

-Form: Dried berry

-Diameter & Density: Ø ≥ 4 mm; Density ≥ 570 g/l.

-Color: Brown red or dark red. It has no color of soil, dust and mold. The receptacle is less than 1%.

-Smell: The smell is medium hot. After grinding, the smell of powder pepper is very hot and long.

White pepper:

-Form: Dried berry

-Diameter & Density: Ø ≥ 3 mm; Density ≥ 600 g/l.

-Color: Grey white with little yellow or color of soybean husk. It is natural color that does not add anything to change. It has no color of soil, dust and mold.

-Smell: The smell is medium hot. After grinding, the smell of powder pepper is very hot and long.

Green pepper:

-Form: Cluster of fresh berries or soaked in salt/vinegar.

-Diameter & Density: Each cluster has at least 10 berries; Ø ≥ 3 mm.

-Color: Fresh berry is dark green; color of soaked berry is still green and it can’t be changed to brown or black.

-Smell: Smell of the cluster of fresh berries is the same smell of herbal green pepper, it is not hot. When pepper is ground, its smell is very hot but easy to lose. It has no smell of dust and mold.

Black pepper powder:

-Form: Small pieces of ground black pepper

-Diameter & Density: It is the powder but not too fine. It exist small piece that we can see.

-Color: Dark grey and some black points.

-Smell: Smell of pepper is strong and slowly spreads out.

Kampot pepper is known for its quality and property that can’t be imitated thanks to a combination of natural geographic conditions and the only traditional method and the secret is used by Kampot pepper producers.

Because geographical feature located close to the coast, the typical climate of this area is the oceanic climate. Peppers are planted on the hillock or base of the mountain, on gravelly soil or laterite sand, in well drained area and drains are constructed around the land plot, at least 80 cm of depth.

Two varieties which produce the Kampot pepper are Kamchay and Lampong (or Belantoeung). The locals call them respectively as “small leaves” and “big leaves” varieties. Those varieties must be sourced from the delimited geographical indication area of Kampot pepper.

Peppers are planted on small and straight beds. The distance between two rows must not be less than 1.80 meters. A shelter has to be built and installed on the planting area until peppers reach at least 3 years. It is no longer allowed to use brick poles for growing Kampot pepper.

The locals apply fertilizers (only natural fertilizers) at least once a year between mid-May and July. Fertilization is depended on the growers every 4th year. Water is supplied during the dry season (from November to April). The land plot must be supplied with exogenous soil at least once every 2 years if the soil is swept away by flood waters. From June to December, the soil must be hoed to break up. Pests are controlled by natural means before using chemical pesticides in blue and green. The guide on good use of pesticides of the Ministry of Agriculture, Forestry and Fisheries of Cambodia shall be followed.

In harvest time, containers for collecting Kampot pepper should be cleaned with soap or detergent. Pepper is harvested as follows:

-Black and red pepper can be harvested by cluster or berry. The harvest shall start on 1st January and finish by 31st May of the same year when the stems of cluster of berries start turning into yellow and until some berries start being ripe. It is harvested several times during the whole harvesting season.

-Red pepper is produced by a selection of only fully ripe berries either while at the time of the harvest (harvesting by berry) or by sorting the red berries after the harvest is completed.

-White pepper is produced from red or ripe berries. After harvesting, berries are soaked in boiling water within 5 minutes and then soaked in cool water within 48 hours. After that, the husk will be removed in order to get white pepper.

-Green pepper is harvested in dry season and rainy season. Green pepper can be sold and consumed immediately after harvesting. It can be soaked in bittern or vinegar.

The following Process is to remove strange objects from the outside, the berries of other color and all the rest of the tree. For black pepper, the producers must clean gathered pepper or dried pepper and put it in the water within 5 minutes.

Dried pepper is preserved in a ventilated place, away from sunlight and moisture, and not put on the ground.

After harvesting, pepper is dried on nylon, mat or canvas which is placed on the clean and disinfectant cement foundation.

Producers will classify pepper for the last time before packaging. Product is packaged in a new material which is not contaminated, suitable for food and does not react with pepper. The packaging must be done in the delimited geographical indication area.

The expiry date of pepper is as follows:

-Black, red and white pepper: 3 years from the harvest season (no later than 31st May);

-Black pepper powder: 1 year from the date of grinding;

-Green pepper:

Fresh pepper: 7 days from the harvesting date;

Pickled pepper: 1 year from the date of processing;

Geographical area:

-Kampong Trach, Dang Tong, Toeuk Chhou, Chhouk and Kampot city of Kampot province, Cambodia.

-Kep city and Damnak Chang Aeur district of Kep province, Cambodia.

Geographical Indication and International Trade Mark Division

Source: http://www.noip.gov.vn/web/noip/home/en?proxyUrl=/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNID=01EC6BA7E7E6B93447258183000E2DCC

GEOGRAPHICAL INDICATION PROTECTION OF “QUẢN BẠ” FOR SEEDLESS PERSIMMON

By
sblaw
-

On 05/07/2017 the National Office of Intellectual Property has issued Decision No.2148 /QĐ-SHTT on granting Geographical indication registration certificate No. 00056 for the famous “Quản Bạ” seedless persimmon. Hà Giang Provincial People’s Committee is the organization in charge of managing this GI.

Quản Bạ is a district of Đồng Văn Plateau Geopark. The name Quản Bạ reminds people of the Quản Bạ twin mountains with kital beauty life and the famous seedless persimmon fruit, the sweet fruit which has become a special product of Hà Giang Province. “Quản Bạ” seedless persimmon has a long history, with persimmon trees of more than 300 years old still in Nghĩa Thuận commune.

In mid-August of to lunar calendar, Quản Bạ persimmon is given as a gift for friends and relatives, or displayed on five-fruit tray in traditional Lunar Moon Festival. This typical culture has created the value as well as reputation of persimmon which are passed on for hundreds of years till today.

Quản Bạ persimmon is round in shape and glossy yellow in color. There are 20 to 25 fruits per kilogram. The fruit is fragrant with favorable sweetness, is crunchy and rich in sugar particulates. Total sugars level is at 10,25 – 20,23 %, Brix level is at 5,30 – 26,50 %, dry matter is at 20,60 – 30,52 %, tanin level is at 0,14 – 0,48 %, Carotene content ranges from 150,58 – 462,00 mg per 100g.

“Quản Bạ” seedless persimmon’s reputation and peculiarity are atttributed to the geographical area which is suitable for the growing of seedless persimmon trees and to the accumulated experience of the people throughout the production process.

The geographical area for growing “Quản Bạ” seedless persimmon has the average altitude of more than 1,000 metre, flat terrain with slopes less than 20o, and thick soil with minimal erosion. Cool climate throughout the year results in high quality, good and stable productivity seedless persimmon. The soil properties of this area is red – yellow ferralitic soils on metamorphosed rock, the soil’s mechanical composition is from medium to high amount of silt, soft soil texture, good potential fertility, relatively high total humus content, and good drainage. Total annual average rainfall ranges from 1.200 to 2.100 mm, total annual heat ranges from 5.000 to 6.500oC, annual average temperature is 14 – 18oC. Temperature amplitude between day and night is 8,6 – 9,5oC which is higher than other areas. Annual average humidity is between 81 – 87%. Thanks to these climatic and soil properties, the geographical area is suitable for growing temperate plants, including seedless persimmon.

The experience and technical know-how of the people growing “Quản Bạ” seedless persimmon also play a significant roles in the ever-growing reputation of the product. In addition to the experience accumulated generations to generations, persimmon producers also learn and apply advanced science and technology in selecting the quality breed and multiplying it, garden designing, planting, fertilizing, watering, trimming, anti-pest techniques as well as methods of removing the acerbity taste and conserving the persimmons for high quality reputable products which are trusted by the consumers.

Geographical area consists of: Tam Sơn town, communes of Nghĩa Thuận, Thanh Vân, Bát Đại Sơn and Quản Bạ of Quản Bạ District, Hà Giang Province.

Geographical Indication and International Trademark Division

Source: http://www.noip.gov.vn/web/noip/home/en?proxyUrl=/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNID=DF9F00226589A03C4725818000366E4E

GRANT OF PROTECTION OF GEOGRAPHICAL INDICATION “KAMPONG SPEU” FOR PALM SUGAR

By
sblaw
-

On 28 December 2016, the National Office of Interlectual Property of Viet Nam issued Decision No. 5046/ QĐ-SHTT on granting Geographical Indication Certification No. 00053 for the infamous Kampong Speu palm sugar.

The name of “Kampong Speu” is related to sugar production and palm sugar is known as a traditional production of this area and this appellation had been protected as a geographical indication in the Kingdom of Cambodia.

Kampong Speu palm sugar includes four types: sugar powder; sugar paste; sugar block and sugar syrup.

The peculiar characteristics and quality of the product is described as follow:

* Sugar powder:

– Texture: no adherent to finger; sixe of grain is or smaller than 1.5mm; from dry to good dry.
– Color: range varies from slightly pale yellow (G3) to slightly dark yellow (G4).
– Aroma: palm sugar aroma; without aroma of: mushroom, burning.
– Taste: very sweet; the taste of palm sugar is from medium to strong; there has a bit sour and bitter taste.
– Chemical characteristics: Brix > 95%; pH = 4.5-6.5; Aw ≤ 0,45.

* Sugar paste:

– Texture: no adherent or adherent very little to finger; there is crystal grain from average to many.
– Color: ranges from very pale yellow (G1) to very dark yellow (G5).
– Aroma: palm sugar aroma; without aroma of: mushroom, burning.
– Taste: medium to strong sweetness; the taste of palm nectar is from medium to strong; there has a bit sour and bitter taste.
– Chemical characteristics: Brix = 85%- 95%; pH = 4,5 – 6,5; Aw ≤ 0,8.

* Sugar block:

– Texture: there are transparent fibers of medium to large size, with a little powder; from dry to very dry.
– Color: ranges from slightly pale yellow (G3) to light brown (G7).
– Aroma: palm sugar aroma; without aroma of: mushroom, burning.
– Taste: medium to strong sweetness; the taste of palm sugar is from medium to strong; there has a bit sour and bitter taste.
– Chemical characteristics: Brix = 90%- 95%; pH = 4,5 – 6,5; Aw ≤ 0,7.

* Sugar syrup:

– Texture: adherent.
– Color: ranges from slightly pale yellow (G3) to very dark brown (G11).
– Aroma: medium nectar aroma.
– Taste: medium sweet; medium taste os palm sugar; there has a bit sour and bitter taste.
– Chemical characteristics: Brix = 50%- 70%; pH = 3,5 – 6,5; Aw ≤ 0,85.

Kampong Speu palm sugar has these peculiar characteristics by virtue of natural geographic condition and accumulated experience of the producers.

Palm trees are planted and grown on yellowish red podzolic soil, which is sandy soil that has a minimum depth of 80 centimeters and good drainage. Deep sandy planting soils is a factor influencing the quality of the sugar, particularly the palm sap appears to be more concentrated, which explains the rich aromatic level of Kampong Speu palm sugar. The geographical area has low rainfall, which also contributes to the high concentration of sugar in the sap.

The people of Kampong Speu harvest palm sap after the squeezing and the cutting of palm inflorescence. The palm sap collection and “Kampong Speu palm sugar” production starts from 1st December till 31st May of each year.

The utensil to collect the sap is container (“Bampong”) made from bamboo. A small piece of Popèl wood (Shorea cochinchinensis, Hopea recopei và Shorea roxburghiana) or of Koki wood (Hopea helferi, Hoea helferi và Hoepa pierrei) is placed in each container prior to putting it on the tree. The use of gutter (“phnear”) is prohibited to channel palm sap from several flowers to the container. The producer can put 1 female flower or mix 4 male flowers of palm tree per container at maximum.

Palm sap shall be collected within 15 hours after the containers being installed. The processing of sap, including putting palm sap in the pan, shall start within 2 hours following the collection of the sap. Palm sap is poured directly into the pan, without being put in another container prior to the processing. Before the processing, palm sap is filtered using a tight strainer (15 microns at maximum). After use, the producers have to clean any material used for palm sap filtration with cold water and then boiling water. The use of chemical substances is prohibited at all stages of production.

Cooking utensil is an improved cook stove with a chimney or a conventional stove when using gas for cooking.

The duration of boiling depends on the type of sugar produced:

– Powder sugar: The duration of boiling is 3 hours plus 15 minutes and the duration of agitation is at least 30 minutes. After that, powder sugar is shifted and its dimension is 1.50 mm at maximum.

– Sugar paste: The maximum duration of boiling is 3 hours and the duration of agittion is at least 15 minutes.

– Sugar block: The duration of boiling is 3 hours plus 15 minutes and the duration of agitation is at least 20 minutes.

– Sugar syrup: Sugar syrup is produced from palm sap and the duration of boiling is 2 and a half hours at maximum.

When the evaporation has reached the target point, the pan is taken out of the stove and crystallization starts in order to bleach the palm sugar. This agitation has to be done manually by using a kind of churn (“Antok”) and a stick (“Khno”) made from wood or inox.

Before the packaging, the product shall be stored in soil jars (pottery), plastic container or plastic bag compatible with food. The product is stored in a place where dry, clean and far from the sunshine. The duration of temporary storage before packaging is 3 months. The duration of use is best before 1 year in respect of sugar paste and sugar block, 2 years for sugar syrup and 3 years for powder sugar.

The materials used as package are unlikely to affect the quality of the product.

The geographical origin:

* The delimited geographical area for producing and processing Kampong Speu palm sugar consists of the following districts:

– Oudong and Samrong Tong districts, Kampong Speu province;
– And Snuol district, Kandal province.

* The packaging of “Kampong Speu palm sugar” can be done in the 3 districts above or in the bordering districts as below:

– Kampong Tralach, Sameakki Mean Chey, Rolea Bier and Krong Kampong Chhang of Kampong Chhnang;
– Oral, Thpong, Phnom Sruoch, Basedth, Kong Pisey and Krong Chbar Mon of Kampong Speu;
– Kandal Stoeung and Ponhea Lueu of Kandal;
– Phnom Penh Municipality.

 Geographical Indication and International Trademark Division

Source: http://www.noip.gov.vn/web/noip/home/en?proxyUrl=/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNID=6E5BB204E789F86647258183003632EA

GEOGRAPHICAL INDICATION PROTECTION OF “HƯNG YÊN” FOR LONGAN FRUIT

By
sblaw
-

On January 23rd, 2017, the National Office of Intellectual Property has issued Decision No. 186/QD-SHTT on granting Geographical indication registration certificate No 00055 for the famous “Hưng Yên” longan fruit. Hưng Yên’s Department of Science and Technology is the organization in charge of managing this GI.

Longan fruit is long known as a famous treat, and is the pride of the people of Hưng Yên. Grown along the Red River, Hưng Yên longan fruit has existed for nearly 300 years and is a part of the history of the town of Hiến. In the Pagoda of the town of Hiến there is the oldest longan tree which is considered as the ancestor tree. A stele was made in honor of the tree. The folklore tells a story of an official who traveled through Hưng Yên in the longan season. He tasted the fruit and experienced an unforgettable flavour. Knowing this is a valuable fruit, the official offered this fruit to the King, and ever since longan has been known as the fruit for Kings. Lê Quý Đôn, a famed scholar, when tasted the longan offered to the King, described the fruit: “the pulp is mouthful thick and the flavour is as holy water”. The distinctive flavour and characteristics of the longan fruit is well-known in daily lives as well as folk poems and songs:

“No matter if you travel North or East
The taste of Hưng Yên longan is unforgettable”
“Our land is the land of love
Our land is the land of longan”
“Sunrise on the Red River
Green shade of longan tree fills the field”

Hưng Yên longan has a prominent and easily noticeable characteristics. The fruit has a round shape, with dark-brown skin, the diameter is from 25.61 to 29.36 mm, the height is from 23.98 to 27.61 mm, the weight is from 9.35 to 13.28 gram per fruit. Vitamin C content is from 45.12 to 59.32 mg per 100 gram, total organic acid percentage is 0.04 – 0.17 %, total sugar percentage is from 13.89 to 17.37%, total soluble solids content is from 17.63 to 20.88 Brix, water content is 18.38 – 22.09. The taste of Hưng Yên longan is distinctive, with fresh and soft aroma, the pulp is thick, dry and transparent with crispy texture and sweet flavour.

The reputation and characteristics of Hưng Yên longan are attributable to the geographical condition suitable to the development of longan trees and the experiences of the people. The area growing Hưng Yên longan has a flat terrain alongside the Red River and Luộc River which has rich soil. The topography is inconsistent, sloping from North-West to South-East, with sunken boxes that are usually filled with water, forming strips, zones and areas with height differences which intertwine into wave formation. Soils for growing longan are Dystri-Haplic Fluvisols, Eutri-Haplic Fluvisols, and Areni-Hapli Fluvisols. The soil’s mechanical composition is from loamy sand to sandy loam. The soil has neutral reaction, pHKCL between 6.8 and 7.7. The Organic carbon and total protein content at average level. Total phosphate content and bio-available phosphate content are ranging from average to very rich. Annual average rainfall is from 1,300 to 1,700 mm, which is a high rate of rainfall. Annual average temperature is 20 – 24oC. Annual average humidity is 80 – 85%. Annual average evaporation is 1.000 – 1.100 mm.

The experiences of the people has significant contribution to the renowned reputation of Hưng Yên longan. Not only possessing long-established growing and tending techniques, the farmers here also embrace and apply new science and technology in tending, harvesting and processing to create high quality products. The farmers have learned how to choose high quality and highly productive longan trees for grafting, to choose Spring and Autumn which have high humidity and rainfall to grow new trees for better survival. The farmers have also learned to breed honeybee for better pollination, cutting winter leaves, branching, hoeing around the tree canopy in order to hinder the development of the trees to create the best condition for blooming flower and bearing fruit. Moreover, the farmers pay attention to cutting branches, young leaves, flowers and fruits in order to harvest the best longan fruits, and other know-hows for the unique longan of Hưng Yên.

Geographical area: Hưng Yên City, the districts of Khoái Châu, Tiên Lữ, Kim Động of Hưng Yên Province.

Geographical Indication and International Trade Mark Division

Source: http://www.noip.gov.vn/web/noip/home/en?proxyUrl=/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNID=5956C2091DE9BB294725818300102FCC

PROTOCOL AMENDING THE WTO TRIPS AGREEMENT OFFICIALLY ENTERED INTO FORCE

By
sblaw
-

On the sidelines of the 47th annual meeting of the World Economic Forum (WEF) in Davos City, Switzerland (Davos 2017), in the morning of 19 January (local time), Prime Minister Nguyen Xuan Phuc had a meeting with Director General of the World Trade Organization (WTO) Roberto Azevedo. At the meeting, the Prime Minister informed the WTO Director General that Viet Nam ratified the Protocol amending the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

On this occasion, in addition to Viet Nam, four other countries, namely Burkina Faso, Nigeria, Liechtenstein and the United Arab Emiratesalso submitted Instruments of Acceptance of the Protocol amending the TRIPS Agreement that brought to two-thirds the number of WTO members which have ratified the amendment. The two-thirds threshold was needed to formally bring the amendment into the TRIPS Agreement.
The date of 23 January 2017 marked as the effective date of the Protocol amending the TRIPS Agreement. This Protocol is the first amendment of the WTO TRIPS Agreement since it came into force in 1995, and secures a legal pathway to access to medicines with reasonable prices in accordance with WTO’s rules.

I. Background

1. History of the Protocol amending the TRIPS Agreement

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was signed on 15 April 1994 and came into effect from 01 January 1005 together with the establishment of the World Trade Organization (WTO). TRIPS Agreement is an important multilateral treaty on intellectual property rights (IPRs). Regulations of the TRIPS Agreements are legally binding to all WTO Members. The TRIPS Agreements entered into force with Viet Nam since the date Viet Nam became a Member of WTO (1997).

The TRIPS Agreement provides minimum standards on protection of inventions, trademarks, industrial designs, copyright and related rights and other IP subject-matters. In the field of invention, the TRIPS Agreement requires Members to provide protection for inventions in all areas of technology, including pharmaceutical. In implementing those provisions, many WTO Members who are least developed and developing countries have to face with many difficulties in implementing public health policies, particularly access to pharmaceutical resources by the public. This is due to the lack of flexible mechanism of the TRIPS Agreement on protection of public health, namely the mechanism for the use of inventions without permission of the right holder (also known as the compulsory licensing mechanism). One of the conditions of this mechanism is that production under compulsory licensing must be predominantly for domestic market (Article 31(f) of the TRIPS Agreement). This leads to the consequence that a Member who wishes to use this mechanism for a certain drug to prevent the risk of an outbreak but its pharmaceutical industry is incapable to produce it and that Member cannot request other Members to produce such kind of drug (due to the limitation set out by Article 31(f) of the TRIPS Agreement).

In order to resolve such difficulty, on 14 November 2001, in Doha, Qatar, the WTO Ministerial Conference made a Declaration on TRIPS and public health, of which Paragraph 6 “provided that Members with insufficient or no manufacturing capacities in pharmaceutical sector may face with problems in effectively use of technology transfer in accordance with provision of TRIPS Agreement on compulsory licensing”, and requested the TRIPS Council “to find quick solutions to resolve the problems and submit report to the TRIPS Council by end of 2002”.

In implementation of the Declaration of 14 November 2001 of WTO Ministerial Conference, on 30 August 2003, the WTO General Council approved a Decision (hereinafter referred as “Decision 2003”) to set up a temporary mechanism to allow WTO Members to manufacture pharmaceuticals under compulsory licensing for exporting to Members with insufficient or no manufacturing capacities in pharmaceutical sector. In addition, the Decision also requires the TRIPS Council to propose amendments of the TRIPS Agreement relating to this issue.

On 6 December 2005, the WTO General Council passed a Decision on promulgation the Protocol amending the TRIPS Agreement.

2. Main contents of the Protocol amending the TRIPS Agreement

The Protocol amending the TRIPS Agreement added a new Article (Article 31bis) after Article 31 and an annex to Article 73 of the TRIPS Agreement in order to formally set up the Mechanism provided for in Decision 2003. Main purpose of the Protocol is to ease the the world’s poors to access to medicines; and to create mechanisms for countries lacking pharmaceutical production capacity to meet their domestic needs, and to allow those countries to link with eligible export countries.

Article 31bis of the Protocol amending the TRIPS Agreement provided that the obligations of an exporting Member under Article 31(f) shall not apply with respect to the grant by it of a compulsory licensing of a pharmaceutical patent. It means that the provision of pharmaceuticals under the compulsory licensing does not limit to its domestic market, but allow that Member to export generic medicines.

In order to facilitate the application of Article 31 bis, the Annex of the TRIPS Agreement provides interpretation of main terms, such as “pharmaceutical product”, “eligible importing Member”, “exporting Member”; procedures to implement Article 31bis; conditions to grant a compulsory licensing; obligations of importing/exporting Member, etc. Accordingly, any Member, whatever a developed, developing or least developed country, shall be able become an eligible importing Member by submitting a Notification of intension to use the mechanism as an importing Member to the TRIPS Council. Importing Members may use the mechanism for all medical situations or only for some certain circumstances.

The Protocol provides mechanisms that WTO Members who are eligible importing Members or exporting Members under system of Article 31 bis and Annex of the TRIPS Agreement have to comply with.

“Eligible importing Member” means any least-developed country Member, and any other Member that has made a notification to the TRIPS Council of its intention to use the system as an importer. According to with paragraph 2(a) of the Annex of the TRIPS Agreement, an eligible importing Member has made a notification to the Council for TRIPS, that:

– specifies the names and expected quantities of the product(s) needed;

– confirms that the eligible importing Member in question, other than a least developed country Member, has established that it has insufficient or no manufacturing capacities in the pharmaceutical sector for the product(s) in question;

– confirms that, where a pharmaceutical product is patented in its territory, it has granted or intends to grant a compulsory licence in accordance with Articles 31 and 31bis of this Agreement and the provisions of this Annex.

“Exporting Member” means a Member using the system to produce pharmaceutical products for, and export them to, an eligible importing Member under compulsory licence. According to with paragraph 2(a) of the Annex of the TRIPS Agreement, the compulsory licence issued by the exporting Member under the system shall contain the following conditions:

– only the amount necessary to meet the needs of the eligible importing Member(s) may be manufactured under the licence and the entirety of this production shall be exported to the Member(s) which has notified its needs to the Council for TRIPS;

– products produced under the licence shall be clearly identified as being produced under the system through specific labelling or marking;

– before shipment begins, the licensee shall post on a website information on the quantities being supplied to each destination, the distinguishing features of the product(s) referred to; and

– the exporting Member shall notify the TRIPS Council of the grant of the licence, including information about name and address of the licensee, product quantity, duration of the licence, etc.

In addition, paragraph 4 of the Annex of the TRIPS Agreement provides that Members of the Protocol shall ensure the availability of effective legal means to prevent the importation into, and sale in, their territories of products produced under the system and diverted to their markets inconsistently with its provisions.

Full text of the Protocol amending the TRIPS Agreement is available at:

https://www.wto.org/english/tratop_e/trips_e/wtl641_e.htm

II. Viet Nam’s Instrument of Acceptance of the Protocol amending the TRIPS Agreement

On 16 January 2017, President Tran Dai Quang signed Decision No. 109/2017/QD-CTN ratifying the Protocol amending the TRIPS Agreement and notifying Viet Nam’s intension to use the mechanism under the Protocol as an importing Member (used WTO’s Notification Model 1, only in case of a national emergency or other circumstances of extreme urgency). This Decision took effect since the date of signing.

III. Information on WTO Members ratified the Protocol amending the TRIPS Agreement

The Protocol amending the TRIPS Agreement takes effect for all WTO Members that have ratified it. The WTO sets the deadline of 31 December 2017 for WTO Members have not yet ratified to complete the procedures. WTO Members who have not yet ratified the Protocol are still subject to the Provisional Mechanism under Decision 2003 until such Member ratifies the Protocol.

List of WTO Members ratified the Protocol amending the TRIPS Agreement is available at:

https://www.wto.org/english/tratop_e/trips_e/amendment_e.htm

Source: http://www.noip.gov.vn/web/noip/home/en?proxyUrl=/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNID=C192C76C8018438047258138000E8F35

REGULATIONS ON THE CRIMES OF INTELLECTUAL PROPERTY OF CRIMINAL CODE 2015

By
sblaw
-
No Criminal Code 1999[1] Criminal Code 2015[2]
1 Article 170.- Breaching the regulations on the granting of industrial property protection deeds

1. Those who are competent to grant protection deeds and breach the law provisions on the granting of industrial property protection deeds, have already been disciplined or administrative sanctioned for such act but still commit it, causing serious consequences, shall be subject to non-custodial reform for up to three years or to a prison term of between six months and three years.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to from two to seven years of imprisonment:

a) In an organized manner;

b) Committing the crime more than once;

c) Causing very serious or particularly serious consequences.

3. The offenders may also be banned from holding certain posts for one to five years

 

 
2 Article 170a. Infringing upon copyright and related rights

1. Those who without permission of holders of copyright or related rights, commit either of the following acts of infringing upon copyright or related rights currently protected in Vietnam on a commercial scale, shall be imposed a fine of between fifty million and five hundred million dong or subject to non-custodial reform for up to two years:

a/ Reproducing works, phonograms or video recordings;

b/ Distributing to the public copies of works, phonograms or video recordings.

2. Committing the crime in either of the following circumstances, offenders shall be imposed a fine of between four hundred million and one billion dong or sentenced to between six months and three years of imprisonment:

a/ In an organized manner;

b/ Committing the crime more than once.

3. Offenders may also be imposed a fine of between twenty million and two hundred million dong, banned from holding certain posts or practicing certain professions or performing certain jobs for between one and five years.

 

 Article 225. Infringement of copyrights and relevant rights

1. A person who, without the consent of the holders of copyrights and relevant rights, deliberately commits any of the following acts which infringe upon copyrights and relevant rights protected in Vietnam on the commercial scale or earns an illegal profit of from VND 50,000,000 to under VND 300,000,000 or causes a loss of from VND 100,000,000 to under VND 500,000,000 to the holders of such copyrights and/or relevant rights, or with the violating goods assessed at from VND 100,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years’ community sentence:

a) Reproducing works, phonograms or video recordings;

b) Distributing to the public copies of works, phonograms or video recordings.

2. This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 06 – 03 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The illegal profit reaped is VND 300,000,000 or over;

d) The loss incurred by the holders of copyrights and relevant rights is VND 500,000,000 or over;

dd) The illegal goods are assessed at VND 500,000,000 or over.

3. The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 – 05 years.

4. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) commits the acts specified in Clause 1 of this Article on the commercial scale or  earns an illegal profit of from VND 200,000,000 to under VND 300,000,000 or causes a loss of from VND 300,000,000 to under VND 500,000,000 to the holders of such copyrights and/or relevant rights, or with the violating goods assessed at from VND 300,000,000 to under VND 500,000,000; earns an illegal profit of from VND 100,000,000 to under VND 200.000.000 or causes a loss of from VND 100,000,000 to under VND 300.000.000 to the holders of such copyrights and/or relevant rights or with the violating goods assessed at from VND 100.000.000 VND to under VND 300,000,000 VND but have been applied the administrative sanction for one of the aforementioned acts stipulated in this Article or have been sentenced for such crime, not yet entitled to criminal record remission but repeat their violations shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;

b) A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 – 24 months;

c) The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000 is prohibited from operating in certain fields or raising capital for 01 – 03 years
3 Article 171. Infringing upon industrial property rights

1. Those who intentionally infringe upon industrial property rights to marks or geographical indications currently under protection in Vietnam on a commercial scale, shall be imposed a fine of between fifty million and five hundred million dong or subject to non-custodial reform for up to two years.

2. Committing the crime in either of the following circumstances, offenders shall be imposed a fine of between four hundred million and one billion dong or sentenced to between six months and three years of imprisonment:

a/ In an organized manner:

b/ Committing the crime more than once.

3. Offenders may also be imposed a fine of between twenty million and two hundred million dong, banned from holding certain posts or practicing certain professions or performing certain jobs for between one and live years

 Article 226. Infringement of industrial property rights

1. A person who infringes upon industrial property rights to a trademark or geographical indication which are protected in Vietnam in the form of counterfeit trademark and/or geographical indication with a commercial scale and earns an illegal profit of from VND 100,000,000 to under VND 300,000,000 or causes a loss of from VND 200,000,000 to under VND 500,000,000 to the owner of such trademark or geographical indication, or with the violating goods assessed at from VND 200,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years’ community sentence.

2. This offence committed in any of the following cases shall carry a fine of from VND 500,000,000 to VND 1,000,000,000 or a penalty of 06 – 03 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The illegal profit reaped is VND 300,000,000 or over;

d) The loss incurred by the owner of the brand name or geographical indication is VND 500,000,000 or over;

dd) The illegal goods are assessed at VND 500,000,000 or over.

3. The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 – 05 years.

4. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) commits the acts specified in Clause 1 of this Article on the commercial scale or  earns an illegal profit of from VND 200,000,000 to under VND 300,000,000 or causes a loss of from VND 300,000,000 to under VND 500,000,000 to the holders of such trademark or geographical indication, or with the violating goods assessed at from VND 300,000,000 to under VND 500,000,000; earns an illegal profit of from VND 100,000,000 to under VND 200.000.000 or causes a loss of from VND 100,000,000 to under VND 300.000.000 to the holders of such trademark or geographical indication or with the violating goods assessed at from VND 100.000.000 VND to under VND 300,000,000 VND but have been applied the administrative sanction for one of the aforementioned acts stipulated in this Article or have been sentenced for such crime, not yet entitled to criminal record remission but repeat their violations shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000;

b) A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to a fine of from VND 2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 – 24 months;

c) The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, be prohibited from operating in certain fields or raising capital for 01 – 03 years.

The criminal code 2015 deleted the crimes of breaching the regulations on the granting of industrial property protection deeds. This is the result of practical implementation of Criminal Code 1999 in more than 15 years since the effective date of this code. The lawmakers realized that it is not necessary to punish the person who are competent to grant protection deeds to industrial property objects in Vietnam. Therefore, from the effective date of the criminal code 2015 (January 01, 2018), breaching the regulations on the granting of industrial property protection deeds will not be considered as crime.

The criminal code 2015 still keep 02 (two) Articles for 02 (two) crimes on the intellectual property rights including the infringement of copyrights and related right and another one is infringement of industrial property right with the same infringement activities, namely:

  • In regard of copyright and related rights: the activities of i) reproducing works, phonograms or video recordings and ii) distributing to the public copies of works, phonograms or video recordings;
  • In regard of industrial property rights: the activities of infringement against the trademark and geographical indication which are currently protected in Vietnam in the form of counterfeit trademark or counterfeit geographical indication only.

However, there are 02 (two) majority differences between Criminal Code 1999 and Criminal Code 2015 which shall be considered as the revolution in lawmaking until now:

  • Firstly: The criminal responsibility of corporate legal entity. From January 01st, 2018, the corporate legal entity shall bear the criminal responsibility for the crimes which are performed by a corporate with the conditions of i) the criminal offence is committed in the name of the corporate legal entity; or ii) the criminal offence is committed in the interests of the corporate legal entity; iii) the criminal offence is under instructions or approval of the corporate legal entity; iv) the time limit for criminal prosecution has not expired. The corporate legal entity shall bear the criminal responsibility for the infringement upon copyrights and/or related rights and the infringement upon trademark and geographical indication.
  • Secondly: The signs of crimes relating to the intellectual property rights are very clear. Although, the criminal code 2015 use the sign of “on the commercial scale” which is the same with the criminal code 1999 and has not been guided clearly until now, the criminal code 2015 used another signs for settling the crimes on intellectual property including the illegal profit, the loss/damage of the holders/owners of copyrights, related rights and trademark, geographical indication or the amount of the violating goods. In addition, the history of crime or administrative violation of the infringer will be a legal basis for settling the violation. The quantities of these signs have been pointed out, therefore, it will be easy for the owners as well as the authority state bodies in settling the infringement actions against intellectual property. However, regarding to the sign “on the commercial scale”, it is required to have the detail guideline on this sign in the form of a joining circular between Ministry of Justice (MOJ), Ministry of Public Security (MPS), The Supreme People’s Court of Vietnam (SPC) and The Supreme People’s Procuracy of Vietnam (SPP) or a resolution of SPC.

In any way, we believe that the criminal code 2015 will become the effective legal basis against the crimes including the crimes on the intellectual property rights in Vietnam.

[1] Criminal Code 1999 means Criminal Code which has been issued on December 21th, 1999 and Law amending and supplementing some articles of Criminal Code 1999 which has been issued on June 19th, 2009

[2] Criminal Code 2015 means Criminal Code which has been issued on November 27th, 2015 and Law amending and supplementing some articles of Criminal Code 2015 which has been issued on June 20th, 2017

1...345...31Page 4 of 31

OUR OFFICE

POPULAR POSTS

POPULAR CATEGORY

© Copyright 2024, All Rights Reserved - Design by: Baohothuonghieu.com