Many new regulations about intellectual property and control counterfeit goods to become valid on April 20

Import and export activities at Bac Thang Long Industrial Park Customs Branch. Photo: N.Linh

Clarify the concepts

Notably, many new regulations related to enforcement of inspection, supervision and control of Customs; relating to procedures for requesting a temporary suspension of customs procedures; customs inspection and supervision of goods which have already applied inspection and supervision measures; handling fake goods or goods showing signs of counterfeiting; handling of goods showing signs of infringing intellectual property rights; amending and supplementing some contents related to customs enforcement.

Specifically, Circular 13 updates legal documents related to the explanation of the concept of "counterfeit goods" specified in Point a, Clause 1, Article 1 (amended and supplemented Clause 1, Article 3 of Circular No. 13/2015/TT-BTC). Accordingly, counterfeit goods include goods stipulated in the provisions of Clause 8, Article 3 of Decree No. 185/2013/ND-CP dated November 15, 2013 and Clause 3, Article 1 of Decree No. 124/2015/ND-CP dated November 19, 2015 of the Government amending and supplementing articles of Decree No. 185/2013/ND-CP of the Government dated November 15, 2013 prescribing sanctioning of administrative violations in commercial activities, manufacturing and trading fake goods, banned goods and protecting consumers’ interests.

Amending and supplementing the explanation of the concept of customs enforcement on counterfeit goods and goods infringing intellectual property rights at Point b, Clause 1, Article 1 (amending and supplementing Clause 6, Article 3 of Circular No. 13/2015/TT-BTC).

Customs enforcement on counterfeit goods and goods infringing intellectual property rights is the application of professional measures of customs enforcement and/or other professional measures implemented by customs authorities in accordance with law to prevent and combat smuggling and illegal transportation of goods which are counterfeit goods and goods infringing intellectual property rights in customs operation areas.

Amending and supplementing rights of organisations and individuals at Point a, Clause 2, Article 1 (amending and supplementing Clause 3, Article 4 of Circular No. 13/2015/TT-BTC) in accordance with the law on claim settlement. Accordingly, in this clause, the phrase "complain" is removed and amended and supplemented to: "claim, initiate a law suit for decisions on handling of counterfeit goods and goods infringing intellectual property rights, the application of enforcement measures of import and export goods of customs authority related to intellectual property rights in accordance with the provisions of law on claim and law on administrative procedures."

Supplementing the rights holder's obligations in Point b, Clause 2, Article 1 (amending and supplementing Clause 6, Article 4 of Circular No. 13/2015/TT-BTC). The rights holder or the legally authorised person is responsible for providing information to the customs authority to carry out the inspection, supervision, control and update of contents related to distinguishing fake goods, goods infringing intellectual property rights and genuine goods that have protected intellectual property rights.

Amending and supplementing responsibilities of the customs authority in Clause 3 Article 1 (amending and supplementing Clause 5 Article 5 of Circular No. 13/2015/TT-BTC) in accordance with the law on claim settlement.

New points in procedure for requesting temporary suspension

Besides that, Circular 13 also amended and supplemented contents related to procedures for requesting a temporary suspension of customs procedures.

In terms of lodging the applications for temporary suspension as specified in Clause 7, Article 1 (amended and supplemented with Article 9 of Circular No. 13/2015/TT-BTC), is amended and supplemented to reduce heading of documents that must be submitted in cases where customs authority have notified acceptance of application for inspection and supervision. The information related to intellectual property rights has been provided in the dossier when requesting inspection and supervision and has been sent by the General Department of Vietnam Customs via email or using the system.

Regarding the temporary suspension period specified in Clause 8, Article 1 (amended and supplemented Clause 2, Article 10 of Circular No. 13/2015/TT-BTC), stated that the duration of suspension of customs procedures is 10 working days from the date the customs authority issues the decision on temporary suspension of customs procedures. If the temporary suspension requestor has a justifiable reason, the time limit may be extended with the condition that the requestor must pay extra money or guarantee documents as prescribed in Clause 3, Article 74 of the Customs Law. The extension should not exceed 10 working days from the date of expiration of the suspension period.

The suspension of customs procedures can not exceed 20 working days (including cases of extension of temporary suspension) in accordance with the provisions of the Customs Law and remove the contents in Clause 2, Article 10. Circular 13/2015 / TT-BTC.