How do you evaluate the enforcement of intellectual property rights in Viet Nam? Have Vietnamese enterprises paid enough attention to developing and protecting their trademarks as well as intellectual property?

There have been positive changes in the sphere of intellectual property and its protection. Many enterprises have been aware that building and protecting their intellectual property is important for their development and integration. However, the enforcement of regulations covering intellectual property still has a long way to go.

The number of individuals and organisations registering inventions is still limited. Violations are common and sophisticated, especially in the area of authorship protection for recorded and printed materials.

There are more than 30 million major inventions and goods trademarks worldwide. Viet Nam has about 100,000 registered trademarks from 300,000 enterprises. The fact that each enterprise will have at least one or more trademarks and labels can cause repetition and mistakes.

Besides, as the creativeness in labels of Vietnamese enterprises is still limited, similar imported products under famous labels are flooding the Viet Nam market, creating harsh competition.

It is very difficult and costly to build up a new trademark and take market share.

Viet Nam has a large number of small and medium-sized enterprises which have limited capital. They always want to retrieve capital as quickly as possible. They tend to follow existing famous trademarks in the market. This is a real violation of intellectual property regulations and needs to be prevented.

Viet Nam’s legal system is recognised as adequate by the international community.

However, enforcement is still weak. Punishments are little more than admonishment. Individuals and organisations are willing to risk the punishment of several million dong in order to get a much greater benefit. If punishment was in line with criminal punishment, they would think twice about breaking the law.

Why is the number of violations brought to the courts still low?

There are two reasons. The capacity of intellectual property regulations enforcers is still weak. Besides, the courts are overloaded with cases and we have a shortage of judges, especially those with basic knowledge of intellectual property. Also the court can only deal with intellectual property cases which have been appraised by private agencies and investigated by police. However, the private agencies are not skilled enough to do an appraisal that will stand up in court. State management agencies do have the ability to conduct public appraisals but under regulations, they cannot undertake the appraisal. Without the appraisal result, the violation cannot go to court.

How will this affect the enforcement of intellectual property regulations? How will your ministry deal with this?

The on-going revision of intellectual property is dealing with controversial issues, including the ability of State agencies in appraisal services. Viet Nam has not popularised the appraisal activities so far.

It is under consideration that State agencies should offer appraisal services but not at the same time as private appraisal agencies.

When agencies reach the required level of expertise, experience and personnel, they can be tasked with such missions.

We should enhance the capacity of courts and popularise appraisal activities. We need to find a solution that allows State management workers to join in public appraisals individually, not as a representative of the State agency.

If the revised law is approved, we can solve such issues. It will be debated at the National Assembly plenary this month.