Thông tin tài liệu
VIETNAM ACADEMY OF SOCIAL SCIENCES ACADEMY OF SOCIAL SCIENCES NGUYEN VAN TUNG PREVENT THE CURRENT SITUATION OF CRIMES OF INTELLECTUAL PROPERTY RIGHT INFRINGEMENT IN VIETNAM Major: Criminology and Crime Prevention Code: 38 01 05 SUMMARY OF DOCTOR OF LAW THESIS HANOI – 2023 The research project was completed at: ACADEMY OF SOCIAL SCIENCES Scientific instructor: Associate Professor Dr TRAN HUU TRANG Reviewer 1: Associate Professor Trương Quang Vinh Reviewer 2: Associate Professor Mai Dac Bien Reviewer 3: Associate Professor Tran Dinh Nha The thesis will be defended before the Academy-level Thesis Evaluation Council at: the Academy of Social Sciences At…… hour, date…….month…….year 2023 The thesis can be referenced at: - The National Library - The Library of Vietnam Academy of Social Sciences PREAMBLE The imperative of the thesis topic Intellectual property (IP) rights are the ownership of organizations and individuals to intellectual property, including copyright, copyright related rights, industrial property rights and rights to plant varieties In the context of economic integration and global competition, IP rights protection has become an issue of critical importance and top concern in international economic relations The protection of IP rights is a strategic measure that will ultimately promote economic growth and development Our Party and State always pay attention to the field of IP rights protection and thereby have issued many resolutions and legal documents on IP right protection to improve the work quality and efficiency of agencies exercising judicial power, meeting the requirements of IP rights protection However, there remain limitations and shortcomings in the theoretical perception and the practice of IP right protection and the law on IP rights, which have adversely impacted the effectiveness of prevention of IP right-infringing crimes In recent times, the situation of IP right-infringing crimes tends to increase, becoming complicated with many sophisticated tricks and very serious damages; hidden crimes accounts for a large proportion; the legal framework on protection of IP rights still has many shortcomings, lacks specificity and does not meet the practical requirements of handling these crimes In addition, many international treaties that Vietnam has signed and ratified or international economic relations require the continued improvement of legal policies and effective implementation of the work of preventing and controlling IP right-infringing crimes Therefore, the research on the topic: "Preventing the current situation of crimes of IP right infringement in Vietnam" with a view to providing measures to strengthen the prevention of IP right-infringing crimes are urgent and meaningful, theoretically and practically Research purposes and tasks 2.1 Research purposes By clarifying theoretical and practical issues on preventing IP right-infringing crimes, the thesis aims to propose solutions to strengthen the prevention of IP rightinfringing crimes in Vietnam 2.2 Research tasks - Review the research situation related to the topic in Vietnam and abroad, based on which to identify the body of knowledge that the thesis can inherit and clarify issues that need to be further researched in the thesis - Research, analyze, and clarify theoretical issues about preventing IP rightinfringing crimes such as concepts, characteristics and purposes of preventing IP right-infringing crimes, grounds, principles and contents of measures and actors in preventing the situation of IP right- infringing crimes - Analyze and clarify the practice of preventing the situation of IP rightinfringing crimes and analyze and clarify the causes and conditions of the situation of IP right- infringing crimes in the period from 2012 to 2022 - Provide a forecast of the situation of IP right-infringing crimes, factors affecting prevention activities and propose measures to strengthen the prevention of IP right-infringing crimes in the coming time Research subjects and scope of the thesis 3.1 Research subjects The research subjects of the thesis are theoretical issues of preventing IP rightinfringing crimes; current status of prevention of IP right-infringing crimes and measures to enhance the prevention of IP right-infringing crimes in Vietnam 3.2 Research scope Regarding contents: The thesis researches theoretical and practical issues of preventing the situation of IP right-infringing crimes from the perspective of criminology in the field of criminology and crime prevention Regarding time: The thesis uses data and cases of IP right infringement within 11 years, from 2012 to 2022 Regarding geographical coverage: The thesis conducts research on a national scale Research methodology and methods 4.1 Methodology The thesis is researched on the basis of the materialist dialectical methodology of Marxism-Leninism, Ho Chi Minh's ideology, views, guidelines and policies of the Party and State on national reform, the spirit of continuing to build and strengthen the socialist rule-of-law State, including the content of continuing to promote judicial reform in preventing and fighting crimes in general, including IP right-infringing crimes The thesis uses a multidisciplinary approach: Jurisprudence combined with politics, education, ethics, psychology, etc to explain issues related to the prevention of IP right-infringing crimes 4.2 Research methods Throughout the process of completing the thesis, the author used the following research methods: statistics, experience summary, analysis, synthesis, commentary, induction, deduction, logical reasoning, literature review, expert consultation, case study, judgment research and focus group exchanges and discussion New scientific contributions of the thesis The thesis has the following new scientific contributions: First, the thesis contributes to supplementing and strengthening theoretical issues on preventing IP right-infringing crimes Second, the thesis analyzes and clarifies the current situation of preventing IP right-infringing crimes and evaluates the results of preventing IP right-infringing crimes, analyzing and clarifying the limitations and weaknesses in the prevention of the situation of IP right – infringing crimes and the causes of those limitations and weaknesses Third, the thesis analyzes and clarifies the current situation of IP rightinfringing crimes and the causes and conditions of the situation of IP right-infringing crimes Fourth, the thesis forecasts the situation and factors affecting the prevention of IP right-infringing crimes in the coming time Fifth, the thesis proposes measures to strengthen the prevention of IP rightinfringing crimes Theoretical and practical significance of the thesis - Theoretical significance: The thesis is a complete research work on the theory of preventing IP right-infringing crimes The new points of the thesis will not only contribute to improving the theory of preventing the situation of crimes infringing on IP rights, but also contribute to improving the theory of preventing the situation of other crimes and crimes in general - Practical significance : The research results of the thesis can be used and referenced in the prevention of the situation of IP right-infringing crimes in Vietnam in the current period and in the coming time The thesis is also a reference document for interested researchers, lecturers, students and officials working in agencies specializing in crime prevention and control Structure of the thesis: In addition to the introduction, conclusion, appendices and list of references, the content of the thesis is structured into chapters: Chapter 1: Overview of research situation Chapter 2: Theoretical issues on preventing IP right-infringing crimes in Vietnam Chapter 3: Practice of preventing IP right-infringing crimes in Vietnam Chapter 4: Forecast and proposed measures to prevent the situation of IP right-infringing crimes in Vietnam Chapter OVERVIEW OF RESEARCH SITUATION 1.1 Research situation Up to now, many scientists have conducted multiple research projects on or related to IP right-infringing crimes from different perspectives: law, sociology, policy studies and criminology, etc These projects have researched, discussed and explained issues such as improving the law on preventing IP right-infringing crimes; clarifying the current situation of IP right-infringing crimes, proposing a number of measures to prevent the situation of IP right-infringing crimes All the above research projects agree on the concepts and criminal signs of IP right-infringing crimes; the concept of crime situation, the concept of crime prevention and determining the actors of prevention activities These researches share the same view on crime prevention, including: measures to eliminate the causes of crime such as communication, education measures, socio-economic measures, cultural – ideological measures, organizational and management measures, crime fighting measures, law improvement measures and measures to prevent the risk of becoming crime victims 1.2 Some issues that have not been researched or researched in depth First, there have been no in-depth studies on the criminological characteristics of IP right-infringing crimes in Vietnam, in the period from 2012 to 2022 Second, although there have been a few scientific works researching the situation, causes and conditions of IP right-infringing crimes, there have been no comprehensive studies on a nationwide scale in the period 2012-2022 Third, while many textbooks, monographs, translated documents, theses, dissertations and scientific articles in Vietnam and abroad have covered forecasts and prevention measures of IP right-infringing crimes, so far there has been no complete and comprehensive research on these contents on national scale in the period 2012-2022 due to different research approaches, time and locations 1.3 Issues that need further research - Conducting an overview of domestic and foreign research related to the prevention of IP right-infringing crimes to clarify achieved results and issues that have not been researched or have not been discussed, based on which to determine research directions and research contents of the thesis - Clarifying theoretical issues on IP right-infringing crime prevention This is a necessary theoretical foundation to clarify the current situation of preventing IP right-infringing crimes in the period 2012-2022 - Evaluating IP right-infringing crime prevention in Vietnam, analyzing and clarifying achieved results, limitations, weaknesses and causes of limitations and weaknesses in the practice of preventing IP right-infringing crime situation in Vietnam - Researching and clarifying the situation, causes and conditions of IP rightinfringing crimes in our country from 2012 to 2022 This situation is the result of prevention activities of IP right-infringing crime situation in Vietnam from 2012 to 2022 - Forecasting the situation and factors affecting the situation of IP rightinfringing crimes in Vietnam as a basis for introducing measures to strengthen the prevention of IP right-infringing crimes - Researching and proposing a collection of measures to enhance the prevention of IP right-infringing crimes Research questions and research hypotheses 1.4.1 Research questions - What are the specific characteristics of the theory of preventing IP rightinfringing crimes? - What is the current status, structure and developments of IP right-infringing crime situation in Vietnam in the period 2012 – 2022? - What are the causes and conditions of IP right-infringing crime situation in Vietnam in the period 2012 - 2022? - What are the advantages and limitations of the current situation of preventing IP right-infringing crimes in Vietnam in the period 2012 - 2022? - What are measures for effective prevention of IP right-infringing crimes in Vietnam in the coming period? 1.4.2 Research hypothesis - Currently, there has been no specific, specialized theoretical framework for preventing IP right-infringing crimes in Vietnam - Up to now, there has been no research works which clarify the current situation, structure and evolution of the situation of IP right-infringing crimes, causes and conditions of the situation of IP right-infringing crimes in Vietnam in the period of 2012 - 2022 - The practice of preventing IP right-infringing crimes in Vietnam in the period 2012 – 2022, despite many achievements, still have many challenges, limitations, obstacles and inadequacies - There have not been effective measures to effectively prevent IP rightinfringing crimes in Vietnam in the coming period Chapter THEORETICAL ISSUES ON PREVENTING IP RIGHTINFRINGING CRIMES IN VIETNAM 2.1 Concepts, characteristics and purposes of preventing IP rightinfringing crimes 2.1.1 Concept of preventing IP right-infringing crimes Preventing IP right-infringing crimes is an activity of State agencies, social organizations and all individuals under the leadership of the Party through the integrated and synchronous adoption of many different measures with a view to eliminating the causes and conditions of the situation of IP right-infringing crimes to prevent, reduce and repel toward eliminating IP right-infringing crimes from social life 2.1 Characteristics of IP right-infringing crime prevention Activities to prevent IP right-infringing crimes must be associated with raising awareness of IP owners in protecting their rights and awareness of all the people; addressing limitations and shortcomings in the management of enterprises with production and business activities; communicating and enhancing moral values and respect for others’ property; implementing measures to improve the material and spiritual life of the people; strengthening the responsibility in managing and handling IP rights violations of State administrative agencies; and enhancing the effectiveness of activities to fight against IP right-infringing crimes 2.1.3 Purposes of IP right-infringing crime prevention First, reduce and eliminate the causes and conditions of the situation of IP right-infringing crimes, and prevent the situation of IP right-infringing crimes from arising and growing Second, apply measures to promptly prevent IP right-infringing crimes from occurring, properly handle offenders and prevent new crimes Third, maximally protect IP rights, on such basis to maximally protecting fundamental human rights 2.2 Subject, contents and principles of preventing IP right-infringing crimes 2.2.1 Subject of IP right-infringing crime prevention The subject of IP right-infringing crime prevention is the situation of IP right-infringing crimes 2.2 Contents of IP right-infringing crime prevention Contents of IP right-infringing crime prevention include the synchronous implementation of preventive measures aimed at addressing and reducing the causes and conditions of IP right-infringing crimes; rapid criminal case initiation, investigation, prosecution, adjudication and judgement execution to improve effectiveness in combating IP right-infringing crimes; and settlement of limitations of preventive measures and implementation of measures to prevent IP right-infringing crimes 2.2.3 Principles of IP right-infringing crime prevention Preventing IP right-infringing crimes requires compliance with the following principles: the principle of ensuring absolute, direct and comprehensive leadership of the Party; socialist legal principle; democratic principle; humanitarian principle; scientific and progressive principle; the principle of ensuring close coordination among actors engaging in the prevention of IP right infringing crimes In addition to complying with general principles of crime prevention, due to the specific nature of the situation of IP right-infringing crimes, activities to prevent the situation of IP right-infringing crimes need to comply with two additional specific principles, namely: the principle of protecting human rights and citizens' rights; and the principle of prevention by locations, by types of crime perpetrators and by characteristics of victims 2.3 Bases for preventing IP right-infringing crimes Prevention of IP right-infringing crimes essentially includes activities that address the causes and conditions giving rise to crimes to prevent crimes from occurring and promptly detect and handle them To that end, prevention of IP right-infringing crimes must be carried out on certain bases, which are: political basis, legal basis, theoretical basis and practical basis 2.4 Actors and measures to prevent IP right-infringing crimes - Actors for preventing IP right-infringing crimes include: the Party who provide overall leadership over activities to prevent IP right-infringing crimes; the National Assembly who promulgates laws to create a legal basis for preventing crimes in general and IP right-infringing crimes in particular; the Government, ministries, sectors and law protection agencies (police forces, people's procuracies, people's courts); socio -political organizations, social organizations, mass organizations and the people - Based on the theory of criminology and the practice of preventing IP rightinfringing crimes, measures to prevent the situation of IP right-infringing crimes can be categorized into: law improvement measures, communication, legal education and training measures; socio-economic measures; cultural and educational measures; organizational and management measures; crime fighting measures; and measures to strengthen international cooperation Chapter PRACTICE OF PREVENTING IP RIGHT-INFRINGING CRIMES IN VIETNAM 3.1 Practice of organizing forces to prevent IP right-infringing crimes 3.1.1 Results The organization of forces to prevent IP right-infringing crimes in recent times has achieved many positive results; coordination between functional agencies in detecting, fighting, preventing and handling acts of IP right infringement has been strengthened; and the National Steering Committee against smuggling, trade fraud and counterfeit goods (National Steering Committee 389) has been established, organized and operated With major reforms in the way the National Steering Committee 389 organizes and operates, the fight against smuggling, trade fraud and counterfeit goods has achieved many positive results, contributing to increasing budget revenue, protecting the business environment as well as consumers’ rights, positively contributing to the country's socio-economic development Inter-ministerial and sectoral cooperation programs on the enforcement of IP rights (referred to as Program 168) have been developed and implemented All these programs aim to promote information exchange activities, establish a have been consolidated, strengthened and fostered with knowledge to improve capacity, they are still spread out and have not met the needs, tasks and requirements of the country in the new situation in the country and lack specialized team equipped with in-depth knowledge on preventing IP right-infringing crimes Facilities and funding for legal education and training work have not been up to the requirements, especially in remote or difficult areas 3.3 Practice of implementing economic measures related to the prevention of IP right-infringing crimes 3.3.1 Results Recognizing socio-economic issues at one of the basic causes to the situation of IP right-infringing crimes, the government has implemented and applied many measures to promote economic and social development, improve the material life of each household, create a premise for economic development nationwide, contribute to stabilizing the social and economic situation, and gradually repel the situation of IP right-infringing crimes Issues of Vietnam's economic laws have been specifically stated in the documents of the 13th Party Congress In particular, the Party has pointed out that the main orientation to strengthen the economic legal framework is industrialization and modernization associated with the application of science, technology and innovation 3.3.2 Limitations Despite the achieved results, our country's economy still faces many limitations, weaknesses, difficulties, challenges and many potential risks Productivity, quality and competitiveness of the economy are not high Strategic breakthroughs have not yet occurred The quality of human resources, especially high-quality human resources, does not meet requirements; science, technology and innovation have not really become the driving force for development The growth model is not yet based on science, technology, and innovation; the autonomy of the economy remains low and highly dependent on the outside world; and due attention has not been paid to the domestic value and supply chain to improve labor productivity and competitiveness of the economy These limitations are the causes leading to ineffective, uneven, and unsustainable economic development, causing unfair competition in production and business, particularly the infringement of IP rights to gain illegal profits Business ethics, especially honesty, integrity and responsibility in production, business and to the society and respect for human rights, respect for the constitution 11 and the rule of law have not been highly regarded Some businesspersons take advantage of legal loopholes and "circumvented the law" to enrich illegally Others only focus on profit, disregarding the law and neglecting their responsibilities to society, workers and investors and violate IP rights 3.4 Practice of implementing cultural-education measures to prevent IP right-infringing crimes 3.4.1 Results The results achieved in the field of culture and education have contributed to creating a healthy cultural environment, raising people's intellectual standards, protecting and promoting the nation's fine, thousand-year-old traditional values, constantly improving the material and spiritual life of each individual in the society, making an important contribution to preventing IP right-infringing crimes 3.4.2 Limitations Limitations in the cultural environment have a great impact on the conduct, ethics, personality and lifestyle of a large part of the people, including a section of business entities, thereby creating negative personal characteristics, easily giving rise to criminal acts, including acts of violating IP rights such as disregarding business ethics, IP rights and the law and striving to make profit and make money at all costs 3.5 Practice of implementing organizational and management measures in protecting IP rights 3.5.1 Results In recent years, State management activities on IP rights protection have been promoted Specialized agencies have made active efforts to prevent IP rights infringement 3.5.2 Limitations - State management in the registration of IP rights is sometimes lax The situation of buying, selling and using products that violate IP rights is quite common, but rarely handled or handled too lightly, creating a mentality of disrespecting and disregarding laws among violators - Residence management, demographic management and people management still have many loopholes and inadequacies, not effectively serving the prevention of IP right-infringing crimes Many criminal offenders come to 12 places to hide and reside to commit IP right-infringing crimes for a long time without being detected, inspected or handled by the authorities - State inspection and management of various types of production and trading of goods still have gaps and have not received adequate attention from authorities at all levels Inspections are not conducted on a regular and continuous basis, so violations of the origin of goods are quite common but not strictly handled, often ignored or only subject to administrative sanctions, leading to the situation when many people, for profit- seeking purposes, have disregarded the provisions of the law to solicit and assist in the consumption of goods that violate IP rights 3.6 Practice of implementing measures against IP right-infringing crimes 3.6.1 Results - From 2012 to 2022, People's Courts have detected and handled 806 cases of IP infringements and related crimes, of which IP right-infringing crimes were committed in 32 cases, accounting for 4%; crimes of producing and trading counterfeit goods were found in 774 cases, accounting for 96% Administrative violations of trademarks in the 11 years from 2010 to 2020 alone occurred in 21,280 cases with a total fine of 167,731,355,000 VND; among acts of IP infringement, up to 95% of cases were handled by administrative sanctions In the three years from 2012 to 2015, 386 organizations and individuals who committed violations of copyright and copyright-related rights were inspected and administratively sanctioned, 384 cases subject to fine with a total amount of over billion VND - Distribution of IP right-infringing cases by crime: In a total of 32 cases of IP right infringement, it can be seen that the distribution of each of these sub-groups is uneven, most of them are IP right-infringing crimes with 27 cases accounting for 84.38%; crimes of infringing upon copyright and copyright-related rights happened in 04 cases, accounting for 12.5% - Distribution by applicable penalties: Out of a total of 43 persons who committed IP right-infringing crimes, 41 defendants were subject to fines, noncustodial reform or imprisonment of less than years, accounting for 98%; Only defendants were sentenced to imprisonment from over to years, accounting for 2% - Distribution based on personal characteristics of offenders + Regarding age: Among the 43 offenders, were from 18 to 30 years old (accounting for 9.30%), 39 were over 30 years old (accounting for 90.70%) As 13 shown by age statistics, offenders aged over 30 years old accounted for the highest proportion + Regarding gender: Of the total 43 offenders, 37 were male, accounting for 86.05%; were female, accounting for 13.95% + Regarding nationality: Of the total 43 offenders, 42 had Vietnamese nationality (accounting for 97.67%); only 01 person had foreign nationality (accounting for 2.33%) + Regarding criminal record: Of the total 43 offenders, one was dangerous repeat offender, accounting for 2.33% The remaining 42 were first-time offenders, accounting for 97.67% +Regarding ethnicity: Of the total 43 offenders, 01 was from ethnic minority, accounting for 2.33%; 42 were Kinh people, accounting for 97.67% + Regarding educational level: Of the total 43 offenders, 38 had education level above 12th grade, accounting for 88.37%; had education level below 12th grade, accounting for 116.63% + Regarding the motivation and purpose of crime: Research on 43 people who committed IP right-infringing crimes showed that 100% offenders had selfseeking motivation and purpose of enriching via illegal means + Regarding drug addiction: Among the 43 people who committed IP rightinfringing crimes, none of them were addicted to drugs 3.6.2 Limitations - Limitations in legal stipulations: + There is no specific and clear distinction between the prescribed signs of IP right-infringing crimes and crimes of producing and trading counterfeit goods There are overlaps between current legal provisions on counterfeit goods and goods infringing IP rights + There has been no document specifying the conditions for examining penal liability of commercial legal entities + The sign of "distribution to the public" in the elements of crimes of infringing on copyright and copyright-related rights are not clear, making the acts of showing pirated movies and music on websites, sharing movie recordings in theaters by live streamers not matching with the connotation of the above concept of distribution but closer to the definition of the act of "communicating works to the public" To apply the provisions of Article 225 of the Penal Code, it is necessary to prove the act of distribution to the public and the damages caused by the violation However, because the Penal Code does not specifically explain the 14 definition of "distribution", the accurate assessment of the severity of the act of "distribution" - livestreaming on fan page depends on the interpretation and explanation of competent authorities + The sign of "commercial scale" has not been specifically guided; there is an overlap between the provisions of the 2015 Penal Code and the stipulations on sanctioning administrative violations in the field of industrial property - Difficulty in determining the consequences of damage, especially in the case of free pirated websites - Limitations stemming from ethical violations, greed, self-seeking motives, and pursuit of unjust enrichment of offenders Pragmatic lifestyle, over-focusing on personal benefits, valuing material values over spiritual values and disregarding ethical standards and laws, etc have become behavioral norms of a group of people in the society This lifestyle makes people lazy, selfish, indulgent, demanding luxuries and defiant to achieve goals and benefits at all costs Crime motivations are formed by internal drives and aimed at satisfying greedy material needs This is a socio-psychological cause of IP right infringement - Limitations and weaknesses in social organization and management Limitations in management, monitoring and slow detection of violations in the cyber environment are one of the causes leading to IP right-infringing crimes - Limitations in crime fighting activities of procedure-conducting agencies IP right-infringing crimes are specific crimes, in which offenders are mostly business entities with many sophisticated methods and tricks, taking advantage of information technology to commit crimes Therefore, in addition to professional knowledge and skills, the handling of cases of IP right-infringing crimes requires in-depth economic knowledge, particularly IP knowledge + Inconsistent perception and application of the law in determining crimes There is confusion in determining the crime of infringing IP rights vs the crime of producing and trading counterfeit goods, thereby not ensuring the observance of the principles of fairness, equality and accuracy in the application of criminal law + Contents of the forensic examination conclusions are incomplete (in terms of quality, utility, technical standards, etc.), leading to inaccurate determination of crime - Limitations derived from victims’ side Victims of IP right-infringing crimes are still indifferent, have not paid attention to protecting their rights when 15 infringed and have not proactively taken measures to detect counterfeit goods, imitation goods and IP-infringing goods on the market - Limitations stemming from the preference of using cheap, fake and poorquality goods of a section of people - Limitations in international cooperation Dealing with this type of crime requires the support and coordination of countries where predicate crimes are committed or being the transit point or destination of crimes The "transnational" element in the current context is not only confined to crossing geographical boundaries due to the emergence of the internet environment That many widely known pirated movie websites of Vietnam are on the blacklist of markets notorious for IP infringement is the obvious evidence of the lack of a profound international cooperation mechanism to solve this problem Chapter FORECAST AND PROPOSED MEASURES TO PREVENT THE SITUATION OF IP RIGHT-INFRINGING CRIMES IN VIETNAM 4.1 Forecasting the situation of IP right-infringing crimes in Vietnam 4.1.1 Basis of forecasting Forecasting the situation of IP right-infringing crimes is grounded on socioeconomic situation; cultural-educational basis; the impacts and influences of international integration process as well as the impacts of general crime fighting and prevention policies and specific policies on combatting IP right-infringing crimes 4.1.2 Forecast contents In the coming years, the number of IP right-infringing crimes will continue accounting for a small proportion in the total number of crimes in general; the number of hidden crimes will still make up a large proportion because the majority of criminal acts, though increasing, are only subject to administrative sanctions; the number of IP right-infringing crimes keeps increasing in absolute number because the process of continuing to promote judicial reform will lead to improved quality and operational efficiency of procedure-conducting agencies, resulting in improved quality and effectiveness of handling IP right-infringing crimes; the number of commercial legal entities committing acts of IP right infringements subject to criminal handling will also increase because the limitations in handling criminal liability of commercial legal entities are gradually addressed; crimes of infringing industrial property rights will continue to account for the highest 16 proportion among IP right- infringing crimes; the number IP right-infringing offenders will still be mainly Kinh people, accounting for the vast majority of offenders; IP right-infringing offenders will still be mainly men aged between 18 and 45; the geographical scope of criminal activities will not be confined to some industrial, commercial and urban areas but rural and mountainous areas where consumers’ consciousness is not yet good - Factors affecting the prevention of IP rights infringement in Vietnam + Favorable factors Party committees and authorities at all levels are increasingly serious in directing the prevention of IP right-infringing crimes; law protection agencies have proper awareness of their specialized roles and responsibilities in conducting preventive activities and perceive the serious consequences caused by IP rightinfringing crimes to the society These have positive impacts on the effectiveness of preventing IP right-infringing crimes as agencies specialized in crime prevention gradually improve their organizational structure and professional qualifications + Difficulties and limitations The downside of the market economy is the larger and larger gap between the rich and the poor; the introduction of depraved and violent cultural products has driven a group of young people to pursue indulgent, luxury lifestyle while being lazy in working and materialistic; and increasing unemployment Technical and management expertise and professional qualifications of officers directly conducting activities to prevent IP right-infringing crimes are not high and uneven, and human resources in short-term future remain inadequate compared to requirements and demands from practice 4.2 Measures to prevent IP right-infringing crimes in Vietnam 4.2.1 Measures to strengthen legal education and raise community awareness on preventing IP right-infringing crimes IP right infringement is an important task, both intermediate and long-term, under the direct and comprehensive leadership of Party committees at all levels; At the same time, there must be proactive, close, enthusiastic and creative coordination of all state agencies, social organizations and all citizens - For right establishment agencies, it is necessary to focus on professional training on IP right protection, regularly update new IP activities and knowledge in the world to acquire and spread new knowledge to related audience 17 - For rights enforcement agencies, researching and developing in-depth education and training programs on IP right enforcement agencies and forces Supporting and meeting the requirements of capacity strengthening of enforcement agencies in terms of human resources and physical facilities through programs to set up and train focal points on IP right enforcement at central and local enforcement agencies - Communicating, educating and enhancing legal sense and awareness of the dangerous nature of violations and how to handle them for rights owners and businesses so that they proactively comply with the law, support and coordinate with state agencies in protecting IP rights Businesses and individuals adopting measures to protect themselves such as registering to establish IP rights, announcing quality standards of goods and services, fully implementing stipulations on product labeling, expanding the promotion and communication on mass media about their genuine products and distribution network - Further enhancing communication and education to disseminate IP law to everyone, making it one of the contents of mass mobilization in the movement of economic management order protection 4.2.2 Measures to address limitations of the economy and society - Developing and implementing policies and measures to encourage and support creative activities and exploit IP - Strengthening policies and measures to mobilize social resources to invest in improving the capacity of the IP right protection system, meeting the requirements of socio-economic development and international economic integration and promoting society's participation in improving capacity of the IP system - Developing public-private partnership programs and projects on IP to promote community awareness to make use of financial and human resources from the private sector and those interested in creativity and exploitation of IP rights 4.2.3 Measures to address limitations in culture and education - Fostering "IP culture" This is one of nine groups of measures to implement the goals of the " IP Strategy to 2030" Raising social and community awareness of IP plays a decisive role in the effective operation of the IP system Based on this, the awareness of respecting and protecting IP rights is hopefully widened and enforced Furthermore, with the promulgation of the IP Strategy until 2030 and the foundation of a nurtured IP culture, Vietnam's IP system is expected to make 18
Ngày đăng: 04/12/2023, 17:05
Xem thêm:
