Saigon city may have no difference with other  metropolis cities.  She has adequate transportation and infrastructures. As a young city which open in 1990  many tourist and investors ma have visited this city. This can be seen at the very moment we enter into International Airport of Ho Chi Minh, where there are entry gates of around 20 as signifies that Vietnam welcomes the foreigners. Foreign visitors does not need to  face long line  to get entry passport stamped. All runs fast, in good order, convenient and does not show a sense of worry. Traditional clothed women also welcome the passengers at exit gate. They distribute tourism brochures which show which areas that deserve to be visited by the  tourists. We can only feel surprise to see this ex France colony which also has  dark notes on her history. Civil war that was written in blood ink.  Sorrow feeling suffered by the Vietnamese  is unforgettable. But it seems that the people of this country  do not have a feeling of give up and bury the long suffering. Spirit to build the country may become the stimulating factor to change the rotten country into a bright country as it can be evidence by the fast changes in Saigon. Vietnam  has been growing very fast to become a developing country  as if she follow her older sister country, Indonesia. We of course ask ourselves as to what that changes the  face of Vietnam from her gloomy face into a bright  and beautiful face. That must be due to    open policy. Economic globalization is implemented consistently with high commitment to develop the country.

 

Economic growth of eight percent per annum makes Vietnamese people  can live fairly. Since her acceptance to become WTO (World Trade Organization) member,  various economic constraints were opened for foreign investors. It is not surprising therefore that many foreign companies turn their eyes to Vietnam as their destination of investment, moreover due to assurance of domestic  security;  cheap labors and good infrastructures attract investors to invest in. Of course there are some investment fields that are still controlled by the government/closed to foreign investors, among others the 9 domestic needs;  heavy infrastructure and those that concerns with  public interest. But in general Vietnam  country  has been open  for investment.

 

Talking on Intellectual property right, this country also does not want to be left behind. As a member of WTO the stipulations of  TRIPS (Trade related Intellectual Property’s Rights) must be obeyed. Therefore various IPR regulations  must be adjusted accordingly. One of IPR regulation which is stipulated in Civil Code of 1995  has been changed and adjusted in the their IPR signed Assembly of Vietnam  in 2005  which was effective as of 1 of July 2006, in which many actions that can be taken by the IPR holders to protect their rights are provided specifically. Among others right to preliminary injunction in the form of right to prohibit party whom is suspected to have faked/produced fake product so as to hamper them from circulation  even if no court judgment yet issued on that case. (Article 206. 1)

Right to apply for attachment of  the faked products or suspected as faked following a case is filed in the court. There is also right to ask customs office to prohibit clearing of imported goods which violates the trademark/ patent/design right of other party.

 

All of these stipulations are provided in  the new IPR regulation. But the question is, has its implementation in the field been applied  consistently in accordance with prevailing laws ?  Looking a glance we can say that it has not yet been consistently applied. You can see how many faked products are still widely circulated freely. You don’t believe it? go “Ben Thanh”; “Saigon Square” and China Town “Andong Plaza” in Saigon,  bag products; branded pants such as Bally; Gucci; Cartier; Boss; Levi’s  are easily obtainable. Don’t ask made in  where ? The answer can be made in Hong Kong. Why? Because people feel that product made in Hongkong has higher price and better sales. However if you check it curiously then you will suspect that the products were made in China. Most of such goods can be found in  Lowu Station in Tsen Chen, China.

 

Are there so many faked products of China circulated in Vietnam? A Law firm in Vietnam  PHAM & Associates stated that  the most cases in relation to IPR violation like the case of Honda; Gucci and Adidas. What efforts has been taken by the Vietnam government in eradicating this IPR infringement? No accurate date yet available. May be this country is  still under “strife” to eradicate violation and  protect the holder of  IPR rights.

 

*) the Writer is an IPR Lawyer in Jakarta.