How will counterfeit trademark goods be handled?

Reply:Pursuant to Clause 1, Article 96 of Decree 65/2023/ND-CP, the measures to handle counterfeit trademark goods are as follows:

1. For goods with counterfeit trademarks, goods with counterfeit geographical indications, raw materials, materials, and means mainly used to produce and trade such goods, the competent authority handling infringement shall apply one of the following measures:

a) Distribution or use for non-commercial purposes as prescribed in Article 97 of this Decree;

b) Destroy according to the provisions of Article 98 of this Decree;

c) Compel the owner, carrier, or stockpileer to remove the infringing elements and remove them from the territory of the Socialist Republic of Vietnam for transit goods that are counterfeit trademark goods, and re-export imported goods that are counterfeit trademark goods, raw materials, materials, and means of import used primarily for the production and trading of counterfeit trademark goods; if the infringing elements cannot be removed from the goods, raw materials, materials, and means of import used primarily for the production and trading of such goods, appropriate measures prescribed in Clause 4 of this Article shall be applied.

For imported goods, raw materials, materials and imported means used mainly for the production and trading of goods with counterfeit geographical indications, depending on each specific case, the infringement handling agency shall apply measures to force the removal of infringing elements and appropriate measures prescribed in Clause 4 of this Article.

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Thus, counterfeit trademark goods will be handled by one of the following measures:

- Distribution or use for non-commercial purposes;

- Destruction;

- Remove the infringing elements and remove from the territory of Vietnam the counterfeit trademark goods that are transit goods. If the infringing elements cannot be removed from the goods, the infringement handling agency shall apply appropriate measures.