In Vietnam, the regulatory system to protect intellectual property rights was first put in place in 2005 through the Law on Intellectual Property. However, over the years, inherent deficiencies and administrative loopholes have severely undermined the efficacy of the system and made it difficult for the owners of IP rights and the authorities alike to […]
Vietnam – Fungicide Infringers Extinguished
In general, administrative actions in Vietnam are initiated by filing a complaint with the Ministry of Science and Technology (MOST) Inspectorate, Market Control Office (MCO), Department of Customs (DC) or Economic Police (EP). The complaining party will submit the following: (i) documentary evidence of ownership of the infringed mark; and, (ii) proof of infringement, including […]
Indonesia Supreme Court Issues New Rules On Search Warrant And Preliminary Injunction (Provisional Decision)
The Supreme Court of Indonesia has issued Regulation No. 5 of 2012 laying down the requirements and procedure for obtaining a Provisional Decision on Intellectual Property Rights Violations. A Provisional Decision in Indonesia has a similar effect as a Search Warrant and Preliminary Injunction against alleged infringers. The new rules took effect on 30 July […]
Jail For Lady Counterfeiter In Manila
There are rare occasions by which a criminal case is filed for violation of the Intellectual Property Code of the Philippines (Republic Act No. 8293). But in those rare occasions, the Philippine courts do not hesitate to sink their teeth in deeply and put the counterfeiter behind bars. After more than a decade of legal […]
Thailand – Curbing The Counterfeiters
While Thailand has been on the Priority Watch List of the Office of the USTR Special 301 Report since 2007, the Royal Thai government has remained steadfast in its commitment to stronger protection and enforcement of Intellectual Property rights. The Special 301 Report has noted the positive actions undertaken by the Thai government in this […]
Philippines – Pirates And Counterfeiters: Beware of ‘Oplan Holistic’
On June 21, 2008, the Philippines’ National Committee on Intellectual Property Rights (NCIPR) was set up to strengthen the efforts of the Philippine government in curbing piracy and counterfeiting. The Committee is composed of the Department of Trade and Industry (DTI) as chair and the Intellectual Property Office (IPOPHL) as vice-chair and other member agencies […]
Vietnam Government Tightens Enforcement through September 2010 Decree
In September 2010, the Vietnamese Government issued a Decree (No: 97/2010/ND-CP) to cut down on red tape and make it easier to initiate action against infringements. The Decree specifies acts of administrative violation, sanctioning forms and levels, remedies, complaint procedures, mechanism for handling complaints, competence of authorized personnel and guidelines for enforcement of procedures. The […]
Stricter IP Laws in Thailand – A new beginning
For quite some years now, pirated goods (mainly music, movies and fake branded goods) have been wrecking havoc on Thailand’s economy, growing from strength to strength, and stifling the organized industry. The Thai government, on its part, has been drawing a lot of flak for its failure to ensure IP protection. According to a recent […]
Malaysia – How To Take Action Against Counterfeits
Owners of trade marks face a difficult choice when they learn that their products have been counterfeited and are being sold in Malaysia. The recommended course of action is to conduct an investigation by an authorized private investigator to find out who is producing or selling the counterfeit product and obtain a trap purchase. Through […]
Border Enforcement Measures Increase The Protection Of IP Rights In The Philippines
In its attempt to administer the implementation of state policies on the protection, utilization and enforcement of Intellectual Property Rights (IPRs) in the Philippines, the Intellectual Property Office of the Philippines (IP Philippines) convened the Intellectual Property Rights Enforcement Action Panel (IP-REAP) in 2002. This panel, a joint government and private sector body, was established […]