On what basis is the value of counterfeit goods determined?

Reply:Pursuant to Article 95 of Decree 65/2023/ND-CP, the basis for determining the value of counterfeit goods is stipulated as follows:

Article 95. Determination of value of infringing goods

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2. The value of infringing goods is determined by the infringement handling agency at the time of the infringement and is based on the following criteria in order of priority:

a) Listed price of infringing goods;

b) Actual selling price of the infringing goods;

c) The cost of the infringing goods, if not yet in circulation;

d) Purchase price of the infringing goods.

3. The value of infringing goods is calculated based on the part (part, detail) of the infringing product specified in Point a, Clause 1 of this Article or based on the value of the entire infringing product specified in Point b, Clause 1 of this Article.

4. In case the application of the bases specified in Clause 2 of this Article is not suitable or the infringement handling agency and the financial agency at the same level do not agree on determining the value of the infringing goods, the valuation shall be decided by the council for determining the value of the infringing goods.

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Thus, the value of counterfeit trademark goods will be determined at the time of the violation and based on the following criteria in order of priority:

- List price;

- Actual selling price;

- Cost of goods if not yet in circulation;

- Purchase price of goods.

In case the application of the above bases is not appropriate or the infringement handling agency and the financial agency at the same level do not agree on determining the value of the goods, the value of the counterfeit trademark goods will be decided by the council for determining the value of the infringing goods.