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Vietnam has recently updated its regulatory framework governing penalties for administrative violations in industrial property matters, marking a significant development in its intellectual property enforcement regime.
New Circular Introduces Key Amendments
The Minister of Science and Technology of Vietnam issued Circular No. 06/2024/TT-BKHCN on September 30, 2024, introducing amendments to Circular No. 11/2015/TT-BKHCN. This new circular provides updated guidelines for implementing Decree No. 99/2013/ND-CP on penalties for administrative violations against industrial property regulations.
This regulatory update follows the earlier promulgation of Decree No. 46/2024/ND-CP on May 4, 2024, which also amended Decree No. 99/2013/ND-CP.
The amended circular provides comprehensive guidelines for implementing various articles of Decree No. 99/2013/ND-CP, incorporating changes introduced by:
- Decree No. 126/2021/ND-CP (December 30, 2021).
- Decree No. 46/2024/ND-CP (May 4, 2024).
The circular applies to three main categories:
- Entities specified in Article 1a of Decree No. 99/2013/ND-CP who commit administrative violations against industrial property regulations.
- Officials authorized to impose fines and prepare administrative offense reports (as per Articles 15-21a of Decree No. 99/2013/ND-CP).
- Other organizations and individuals involved in industrial property violation penalties.
Preventive Measures and Enforcement
The circular outlines specific procedures for implementing preventive measures and ensuring proper handling of administrative violations. The provision regarding domain name confiscation in unfair competition cases is of particular note.
Requirements for Domain Name Confiscation
Competent authorities may confiscate domain names upon receiving valid documentation from petitioners, including:
- Formal written requests for domain name confiscation (either as separate documents or within applications addressing unfair competition).
- Written authorizations under Article 23 of Decree No. 99/2013/ND-CP (where applicable).
- Supporting documentation and evidence demonstrating unfair competition in domain name appropriation and usage, as specified in Point c, Clause 2, Article 19 of Circular No. 11/2015/TT-BKHCN.
This update represents Vietnam’s continued commitment to strengthening its intellectual property protection framework and ensuring effective enforcement mechanisms against industrial property violations.
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