발간번호 KOTRA18-057 2017 K-V Economic Cooperation Project Enhancing Effectiveness of IPR Enforcement in Vietnam Project Title Enhancing Effectiveness of Intellectual Property Rights (IPR) Enforcement in Vietnam Prepared by Korea Invention Promotion Association(KIPA)-Korea Intellectual Property Strategy Agency(KISTA) Consortium Supported by Ministry of Economy and Finance (MOEF), Republic of Korea In cooperation with Ministry of Industry and Trade (MOIT), Socialist Republic of Viet Nam KOTRA Ha Noi Office and KOTRA Ho Chi Minh Office Project Directors Wonsok Yun, Executive Vice President for Economic Cooperation & Trade Affairs, KOTRA Headquarters Hyungwook Kim, Director General, Development Cooperation Department, KOTRA Headquarters Project Manager Jiwon Lee, Development Cooperation Department, KOTRA Headquarters Project Officer Jahyun Kim, Development Cooperation Department, KOTRA Headquarters Researchers Korea Kwanyoung Kim, Ph.D., Senior Research Fellow, KIPA (Principal Investigator) Yusun Park, Ph.D., U.S. Attorney, Senior Research Fellow, KIPA Youngbo Shim, Ph.D., Senior Research Fellow, KISTA Jaeheon Lee, Ph.D., Research Fellow, KISTA Mimi Kim, U.S. Attorney, Researcher, KISTA Seokhyeon Choi, Researcher, KISTA Viet Nam Tran Quynh Anh, Director of International Cooperation Division, Market Surveillance Agency, MOIT Vu Xuan Binh, Deputy Director of Counterfeiting Division, Market Surveillance Agency, MOIT Pham Mai Phuong, Official of International Cooperation Division, Market Surveillance Agency, MOIT Contents Contents Chapter 1 Protection of Vietnam’s Intellectual Property Rights ·································· 1 Part 1 Background ··········································································································· 3 Part 2 Status of Progress ······························································································ 6 Part 3 Objective ················································································································ 7 Part 4 Expected Benefits ································································································ 9 Chapter 2 Analysis of Current Status of Vietnam’s Intellectual Property Right ···· 11 Part 1 Analysis of Current Status of Vietnam’s Intellectual Property Right ······ 13 1. Status of Application and Registration of Intellectual Property Rights in Vietnam ··········································································································· 13 2. Society’s Perception about Intellectual Property Rights in Vietnam ········ 20 3. Understanding of Level of Intellectual Property Rights in Vietnam ········· 21 4. Analysis of Causes of Current Status of Infringements of Intellectual Property Rights in Vietnam ············································································ 22 5. Analysis of Types of Infringement of Intellectual Property Rights in Vietnam ··········································································································· 24 6. Details of Infringement of Intellectual Property Right in Vietnam ··········· 26 Part 2 Understanding the Current Status of Intellectual Property Rights Legal System in Vietnam ···························································································· 27 1. Vietnam’s Intellectual Property Rights related Laws ·································· 27 2. Duties and Rights of Government Bodies in relation to Intellectual Property Rights ··································································································· 33 3. Definition and Type of Counterfeited Products in Vietnam ························ 40 i K-V Economic Cooperation Project Enhancing Effectiveness of IPR Enforcement in Vietnam Part 3 Understanding the current state of copyright law and system in Vietnam ····························································································································· 41 1. Status of the Vietnamese Copyright Law ······················································ 41 2. Laws of Vietnam Concerning Copyright Infringements ······························· 42 3. Duties and Powers of Vietnamese Government Agencies related to Copyright ·············································································································· 48 4. Vietnam Infringement Case Analysis ······························································ 50 Chapter 3 Investigation and Analysis of Copyright and Intellectual Property Infringement Cases in Vietnam ······································································ 55 Part 1 Investigation and Analysis of Infringement Cases of Intellectual Property Rights in Vietnam ······························································································ 57 1. Escalating Trend of Countermeasures against Intellectual Property Rights in Vietnam ··········································································································· 57 2. Type of Infringement of Intellectual Property Rights in Vietnam ············· 61 3. Investigation and Analysis of Trademark Infringement Cases in Vietnam ··········································································································· 62 Part 2 Investigation and Analysis of Copyright Infringement Cases in Vietnam · 71 1. Penalties for Infringement of Copyright in Vietnam ···································· 71 2. Escalating Trend in Punishment of Copyright Infringement in Vietnam ·· 74 3. Infringement of Vietnamese Music Copyright ··············································· 76 4. Copyright Infringement in Vietnam Online Books ········································ 77 5. Violation through Online Illegal Content Sites in Vietnam ························· 78 6. Violation through Online Illegal Game Sites in Vietnam ···························· 80 7. Infringement through Illegal Software Distribution in Vietnam ················· 81 8. Investigation and Analysis of Infringement Cases in Vietnam ··················· 84 Part 3 Case of Orion Chocopie in Vietnam ······························································· 95 1. Manufacture and Export of Orion Chocopie Forged Products ··················· 95 2. Repackaging Substandard Units of Genuine Product ·································· 98 3. Partial Distortion of Orion Chocopie Trademark ········································ 100 ii ∙ Korea Trade-Investment Promotion Agency Contents Chapter 4 The Survey on the Infringement on the Intellectual Property Right of Korean Companies entering Vietnam ·························································· 105 Part 1 Current State of Intellectual Property Rights of Korean Companies in Vietnam ········································································································ 107 1. Investment Trends of Korean Companies entering Vietnam. ··················· 107 2. Survey on the Status of Counterfeit Goods of Korean companies in Vietnam ········································································································· 110 3. Survey on the Protection of Intellectual Property of Enterprises entering Vietnam ·············································································································· 115 Part 2 Survey on the Status of Counterfeit Goods of Korean companies in Vietnam ········································································································ 121 1. Survey Overview ······························································································· 121 2. Survey Result and Analysis ············································································ 126 Chapter 5 The Proposal of Protection Policy for Vietnamese Intellectual Property Rights ······························································································· 149 Part 1 The Government-level of Policy Recommendation for IPR Protection in Vietnam ········································································································ 151 1. Suggestion of Structure / Prevention side Policy ······································ 152 2. Suggestion of Structure / Crackdown side Policy ····································· 153 3. Suggestion of Structure / Punishment side Policy ···································· 153 4. Suggestion of Strategy / Prevention side Policy ········································ 154 5. Suggestion of Strategy / Crackdown side Policy ······································· 154 6. Suggestion of Strategy / Punishment side Policy ······································ 155 7. Policy Sharing aspect for Vietnamese Intellectual Property Protection · 155 Part 2 The prevention against the Infringement on the Intellectual Property of Companies entering Vietnam and their Response Strategies ············ 157 1. The Enhancement of Market Research ························································ 157 2. The Exposure of Competent Authorities ······················································ 157 3. The Enhancement of Cooperation with Customs ······································· 158 iii K-V Economic Cooperation Project Enhancing Effectiveness of IPR Enforcement in Vietnam 4. The Promotion of Warning and Notification Activities ······························ 159 Part 3 The Response Strategy for Companies entering Vietnam ······················· 159 1. The Establishment of Crackdown Cooperation System against