Strengthening the handling of intellectual property rights infringements

ĐBP - Intensifying market inspection and control, proactively coordinating among functional forces, and strictly handling violations are solutions being deployed by Điện Biên province to curb intellectual property (IP) infringements and commercial fraud.

In the first nine months of 2026, the number of handled IP infringement cases increased by 16 cases compared to the full year 2025 (5 cases), demonstrating greater resolve in detecting and handling violations, contributing to protecting consumer rights and fostering a healthy business environment.

The provincial People’s Committee has stepped up direction for departments, sectors, and localities to synchronously deploy solutions for preventing, detecting, and penalizing infractions. Within this framework, the Provincial 389 Steering Committee maintains a leading and coordinating role across forces combating smuggling, commercial fraud, counterfeit goods, and commodities infringing IP rights. The province established an inter-agency working group to bolster inspection coordination, uncovering and handling IP rights infringements across the area.

Right from the beginning of the year, the provincial Market Surveillance Sub-Department advised the Department of Industry and Trade to submit to the provincial People’s Committee for promulgation the 2026 periodic inspection plan and the plan to combat, prevent, and roll back smuggling, commercial fraud, counterfeit goods, and IP infringements through 2030. The Department of Industry and Trade issued an action plan executing Government resolutions alongside a peak-period plan for monitoring, inspecting, and handling IP infringement acts in 2026. Concurrently, the Market Surveillance Sub-Department promulgated four specialized thematic inspection plans, centering on key sectors and commodities such as petroleum and food safety.

The Market Surveillance Team No.1 inspects a business establishment in Điện Biên Phủ ward.

Inspection work has been executed under periodic, thematic, and unscheduled plans. Functional forces reinforced coordination with local authorities, relevant agencies, and lawful trademark representatives to exchange information and identify signs of violations. Disseminating and popularizing laws to business organizations and individuals have been prioritized; hotlines receiving feedback from citizens continue to be maintained, contributing to promptly uncovering and handling violations.

According to a report by the Department of Science and Technology, during the first nine months of 2026, the entire province detected and administratively handled 21 cases of IP infringement involving trademarks and geographical indications, with 24 violating subjects penalized. Total administrative fines amounted to VND 126 million, with infringing goods valued at VND 59.38 million. Notably, two cases faced criminal prosecution for offenses infringing industrial property rights pursuant to Article 226 of the Penal Code. Compared to the results of the full year 2025 - when five violations were detected and administratively handled - the figure for the first nine months of 2026 reached 21 cases, a 4.2-fold increase, representing a 320% rise. The number of penalized violators grew from 5 to 24, a 4.8-fold rise. Fines increased from VND 39 million to VND 126 million, up 223.1%; the value of infringing goods rose from VND 10.74 million to VND 59.38 million. Increases across case numbers, violators, and monetary penalties demonstrate that detecting and handling IP violations have been decisively escalated. In particular, criminally prosecuting two cases - whereas 2025 recorded no criminal prosecutions - indicates that enforcement has broadened to target acts bearing criminal hallmarks, rather than stopping solely at administrative penalties.

In the general market surveillance domain, during the first nine months of 2026, provincial market surveillance forces conducted inspections of 300 cases, issuing administrative penalties in 141 cases and remitting VND 579.155 million to the State budget. Functional forces enforced the destruction of diverse infringing goods valued at over VND 182 million. Destroyed exhibits comprised 637 pre-packaged food units; 384kg of fruit; and 1,692kg of livestock, poultry, seafood, and livestock/poultry products of unidentified provenance. Additionally, there were 362 motorbike spare-part units counterfeiting HONDA and YAMAHA trademarks and the KEIHIN trademark design, alongside 238 items of clothing, footwear, and sunglasses counterfeiting ADIDAS and Ray-Ban brands.

Functional authorities assess that in the coming period, in tandem with the expansion of commercial activities and consumer demand, the emerging risks of counterfeit goods, knock-offs, unverified provenance goods, and the exploitation of e-commerce to peddle illicit merchandise will continue posing challenges to market management. The provincial People’s Committee has directed departments, sectors, and localities to enhance market inspection and control; preserve inter-agency coordination mechanisms; and clearly designate focal localities, domains, and commodity categories for targeted inspections. The Market Surveillance Sub-Department focuses on controlling trademark counterfeit goods, industrial property infringing products, contraband, and goods of unidentified origins. The Provincial Police will bolster operational professional measures, aggressively combating violations and crimes related to intellectual property.

Coupled with inspection and enforcement, communicating and guiding business establishments to strictly abide by laws must be sustained; consumers need to heighten awareness regarding identifying goods with verified origins and lawful trademarks. Receiving and verifying reports from citizens and businesses must be carried out promptly, enabling violations to be detected right at the grassroots.

Anh Nguyễn
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