Tilleke & Gibbins

Are importers and distributors responsible for patent infringement related to the products they import and distribute? This seemingly simple question has still only been partially answered in Vietnam, when the Superior People's Court of Ho Chi Minh City rendered a judgment on July 28 2020 sending a case back to the first-instance court for a retrial.

Almost a year and a half after Myanmar enacted the Trademark Law 2019 on January 30 2019, the same question still lingers in the minds of many brand owners and attorneys: "When will the Trademark Law come into force?"

Traditional IP enforcement measures are sometimes ill-equipped to deal with the rapidly evolving nature of internet resources in the digital era. Thailand has been responding to the exponential rise of online IP infringement on a rolling basis – most recently in 2017 when it amended the Computer Crime Act (CCA) to give IP owners the option of blocking websites that post IP-infringing content. This is set out in Section 20(3) of the law.

While Vietnam, like the rest of the world, has been focusing on fighting the COVID-19 pandemic, the Vietnamese courts have quietly recorded new milestones in the judgment of patent cases. One of those milestones came on March 12 2020, in a decision on appeal settlement issued by the Superior People's Court of Ho Chi Minh City against a provincial court's decision on suspension of a patent case.

The concept of corporate criminal liability was introduced into Vietnamese law under the Penal Code of 2015, which took effect in 2018. Under the 2015 Penal Code, for the first time, corporate entities (companies) could be held criminally liable for a variety of offences, including certain intellectual property crimes under Articles 225 and 226.