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Vietnam's New Penal Code Consolidates IP Protection

Issued: August 01 2016

The new Vietnam Penal Code 2015 has recently come into force. The Code introduces a number of important changes related to trademarks and other IP and will enhance the ability of brand owners to enforce their trademark and other IPRs.

 

According to Daniel Greif, a principal and trademark attorney at Spruson & Ferguson in Bangkok, key changes include for the first time, criminal liability can now be applied to legal entities for several crimes such as: manufacturing and trading in counterfeit; manufacturing and trading in counterfeit, foodstuffs or food additives; manufacturing and trading in counterfeit curative medicines or preventive medicines; manufacturing and trading in counterfeit animal feeds, fertilizers, veterinary drugs, plant protection drugs, plant varieties and animal breeds; violating copyright and related rights; violating IPRs.

 

 

Under the Code, new, lower thresholds will apply to the crime of manufacturing and trading in counterfeit and infringing goods.