Taking steps to protect your IPR is an important aspect of preserving the rights and value of that IP. However, without vigilant enforcement when there are breaches of the rights by a third party, the effort of protecting the IPR becomes less useful. Auramark offers enforcement services in both four-wall and digital counterfeiting sectors to its international and local clients.
According to the current law in Vietnam, procedures for border control are divided into 02 procedures include Registration procedures for watching at border gates and Procedures for temporary suspension of customs clearance.They are indicated as below:
a) Registration procedures for watching at border gates
The application for border gate watching should be filed to the General Department of Vietnam Customs. The General Department of Vietnam Customs will convey watching contents to provincial Customs Department and then to local Customs Divisions at the border gates to implement measures for watching. During the period of watching, if any imported product is suspected to be fake products, Customs officers will inform us to proceed with procedure for temporary suspension of customs clearance.
b) Procedures for temporary suspension of customs clearance
In case, the suspected consignment of products is found, Customs officers will temporarily suspend the procedures for customs clearance and request us to leave an amount of money as a deposit for damage compensation, if any (The deposit is equal to twenty percent (20%) of the value of the suspected consignment of products as stated in the contract or a minimum of 20 millions VND, equal to 1000 USD if the value of the suspected consignment of products is unknown).
Then concerning parties are invited to check, inspect and get information on the suspected consignment of products. Appraisal would be applied if needed. If the suspected consignment of products is identified to be fake products, the remedies will be imposed.