Currently, there are no provisions on criminal remedies to handle infringements of industrial designs.
According to regulation, Courts shall apply the following civil measures to handle organizations and individuals that commit acts of industrial design infringement:
Civil remedies are applied to handle acts of infringement at the request of industrial design owners, organizations, or individuals who suffer from the damage caused by those acts, even when those acts have been or are being handled by administrative or criminal remedies. The procedures for a request for the application of civil remedies and the competence, order, and procedures for the application of civil remedies shall comply with the provisions of law on civil procedures.
The highest fine for individuals who infringe on the right to industrial designs is VND 250,000,000. The maximum fine for organizations that infringe on the right to an industrial design is VND 500,000,000, as follows:
No. | INFRINGEMENT OF INDUSTRIAL DESIGNS | VALUE OF GOODS AND SERVICES | FINES |
1 | -Selling, offering for sale; transporting, including transiting; storing: displaying for sale of products or services infringing upon rights to industrial design – Placing orders to, assigning or hiring other parties to perform the above-mentioned acts.
(Clauses 1 to 12, Article 11 of Decree 99/2013/ND-CP)
| up to VND 3,000,000 | Warning penalty or fine from VND 500,000 to VND 2,000,000 |
| from over VND 3,000,000 to VND 5,000,000 | Fine from VND 2,000,000 to VND 4,000,000 | |
from over VND 5,000,000 to VND 10,000,000 | Fine from VND 4,000,000 to VND 8,000,000 | ||
from over VND 10,000,000 to VND 20,000,000 | Fine from VND 8,000,000 to VND 15,000,000 | ||
from over VND 20,000,000 to VND 40,000,000 | Fine from VND 15,000,000 to VND 25,000,000 | ||
from over VND 40,000,000 to VND 70,000,000 | Fine from VND 25,000,000 to VND 40,000,000 | ||
from over VND 70,000,000 to VND 100,000,000 | Fine from VND 40,000,000 to VND 60,000,000 | ||
from over VND 100,000,000 to VND 200,000,000 | Fine from VND 60,000,000 to VND 80,000,000 | ||
from over VND 200,000,000 to VND 300,000,000 | A fine of VND 80,000,000 to VND 110,000,000 | ||
from over VND 300,000,000 to VND 400,000,000 | A fine of VND 110,000,000 to VND 150,000,000 | ||
from over VND 400,000,000 to VND 500,000,000; | A fine of VND 150,000,000 to VND 200,000,000 | ||
over VND 500,000,000 | Fine from VND 200,000,000 to VND 250,000,000 | ||
2 | a) Designing, manufacturing, processing, assembling, and packaging goods bearing signs infringing upon rights to industrial design; b) Printing, sticking, attaching, molding embossing or otherwise affixing stamps, labels, or other articles bearing signs infringing upon rights to industrial design; c) Importing goods bearing signs infringing upon rights to industrial design; d) Placing orders to, assigning or hiring other parties to commit the above-mentioned acts
(Clause 13 Article 11 of Decree 99/2013/ND-CP) |
| A fine equal to 1.2 times the fine stipulated in Clauses 1 to 12 |
3 | Acts of infringing industrial designs specified in Clauses 1 to 13 (Clause 14 Article 11 of Decree 99/2013/ND-CP) | In case the value of infringing goods or services cannot be determined. | Fine from VND 10,000,000 to VND 30,000,000 |
