Law

Is intellectual property infringement subject to criminal prosecution?

GH • May 22, 2026 15:53

Mr. Nguyen Van A., residing in Nam Dan commune, asks: Are acts of intellectual property infringement subject to criminal prosecution?

Reply:

-Article 199 of the 2005 Intellectual Property Law (amended and supplemented in 2009, 2019, and 2022) stipulates the following measures for handling acts of infringement of intellectual property rights:

1. Organizations and individuals who infringe upon the intellectual property rights of other organizations or individuals may be subject to civil, administrative, or criminal penalties depending on the nature and extent of the infringement.

bna_1.anh-pv-1db19a6351f3643d0522916ad6caea06(1).jpg — Authorities have discovered numerous counterfeit products, including fake shampoos, toothpastes, and fabric softeners imitating popular brands such as Clear, Xmen, Dove, Sunsilk, and Rejoice. (Illustrative photo: CANA)

2. If necessary, competent State agencies may apply temporary emergency measures, measures to control the export and import of goods related to intellectual property, preventive measures, and measures to ensure administrative sanctions in accordance with this Law and other relevant legal provisions.

- Article 212 of the 2005 Intellectual Property Law (amended and supplemented in 2009, 2019, and 2022) also stipulates that in cases where individuals or commercial legal entities infringe on intellectual property rights with a nature and extent sufficient to constitute a crime, they will be prosecuted criminally.

In addition, acts of intellectual property infringement considered crimes are also stipulated in 6 articles of the 2015 Penal Code, amended and supplemented in 2017, including:

Article 225 - Crimes of infringing copyright and related rights;

Article 226 - Crimes against industrial property rights;

Article 192 - Crime of producing and trading counterfeit goods;

Article 193 - The crime of producing and trading counterfeit food, foodstuffs, and food additives;

Article 194 - The crime of producing and trading counterfeit medicines for treatment and prevention of diseases;

Article 195 - Crime of producing and trading counterfeit goods such as animal feed, fertilizers, veterinary medicines, pesticides, plant seeds, and animal breeds.

Therefore, organizations and individuals who infringe upon the intellectual property rights of other organizations or individuals may be subject to civil, administrative, or criminal penalties depending on the nature and extent of the infringement.