Combating the production and trade of counterfeit goods in Vietnam today from the perspective of state management - 1

HANOI NATIONAL UNIVERSITY FACULTY OF LAW


NGUYEN MANH CUONG


COMBATTING THE PRODUCTION AND TRADE OF COUNTERFEIT GOODS IN VIETNAM TODAY FROM THE PERSPECTIVE OF STATE MANAGEMENT


MASTER'S THESIS IN LAW


HANOI - 2007


HANOI NATIONAL UNIVERSITY FACULTY OF LAW


NGUYEN MANH CUONG


COMBATTING THE PRODUCTION AND TRADE OF COUNTERFEIT GOODS IN VIETNAM TODAY FROM THE PERSPECTIVE OF STATE MANAGEMENT


MAJORITY: THEORY AND HISTORY OF STATE AND LAW CODE: 60 38 01


MASTER'S THESIS IN LAW


SCIENTIFIC INSTRUCTOR: DR. VU TRONG HACH


Hanoi - 2007

INDEX



Page

opening

1

Chapter 1: Theoretical basis of house management


water in the field of anti-production and

5

Counterfeit goods


1.1.

General overview of counterfeit goods

5

1.1.1.

Concept of counterfeit goods

5

1.1.2.

Characteristics of counterfeit goods

11

1.1.3.

The situation of production and trade of counterfeit goods in Vietnam

13

1.1.4.

The problem of counterfeit production and trade in the world

17

1.1.5.

The impact of counterfeit production and trade on the economy in Vietnam.

19

1.2.

State management in the field of prevention of production and trade of counterfeit goods

22

1.2.1

Concept of state management in the field of prevention of production and trade of counterfeit goods

22

1.2.2.

State management agency in the field of prevention and combat of production and trade of counterfeit goods

23

1.2.2.1.

Government

23

1.2.2.2.

Specialized Ministries

25

1.2.2.3.

People's Committees at all levels

30

1.2.3.

Authorities directly combating the production and trade of counterfeit goods in Vietnam

32

1.2.3.1.

Police force investigating crimes related to economic order and positions (Ministry of Public Security)

32

1.2.3.2.

Market Management Force

33

1.2.3.3.

Customs Force

34

1.2.3.4.

Specialized inspection

35

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Combating the production and trade of counterfeit goods in Vietnam today from the perspective of state management - 1


1.2.3.5. Other organizations 38

1.2.4. Contents of state management on combating the production and trade of 39 counterfeit goods

1.2.4.1. Policy planning and development and promulgation of laws on 39 combating the production and trade of counterfeit goods

1.2.4.2. Organizing the implementation of laws against the production and trade of 40 counterfeit goods

1.2.4.3. Inspect, examine and handle violations of the law related to counterfeit goods

1.2.5. The meaning and role of state management in anti-corruption work

production and trade of counterfeit goods to the stability and economic development of our country

CHAPTER 2: CURRENT STATE OF MANAGEMENT WORK

STATE IN THE FIELD OF COMBATTING COUNTERFEIT PRODUCTION AND TRADING IN VIETNAM

2.1. Current status of laws regulating the fight against production and trade of counterfeit goods in Vietnam

2.1.1. Viewpoints of our Party and State on the issue of production and trade of counterfeit goods

2.1.2. Regulations of our country's laws on combating the production and trade of counterfeit goods

2.1.2.1. Issue legal documents as a legal basis for the work of preventing the production and trade of counterfeit goods.

2.1.2.2. Issue a number of legal documents regulating intellectual property related to counterfeit goods.

2.1.2.3. Other legal documents related to the fight against 50 production and trade of counterfeit goods

2.1.2.4. Regulations on crimes related to counterfeit goods and counterfeit goods 51

2.1.2.5. International legal documents that Vietnam participates in related to counterfeit goods

2.1.3. Problems in awareness and legal regulations in 53

work against production and trade of counterfeit goods

2.2 Results of state management and the fight against 58 production and trade of counterfeit goods in Vietnam

2.2.1. Efficiency and effectiveness in state management of combating the production and trade of counterfeit goods

2.2.2. Results of the fight against the production and trade of counterfeit goods in our country

2.2.3. Existing problems in state management in the field of combating the production and trade of counterfeit goods

2.3 Experience of some countries in anti-corruption work

production and trade of counterfeit goods. 68

2.3.1. Combating the Production and Trade of Counterfeit Goods in Korea 68

2.3. 2. Combating the Production and Trade of Counterfeit Goods in Japan 71

2.3.3. Experiences from the current situation of two countries in 73

Chapter 3: Some solutions to improve the effectiveness of state management and auction work

fight against production and trade of goods 75

fake in Vietnam

3.1 Forecast on the situation of production and trade of counterfeit goods in

our country in the coming time 75

3.1.1. International context 75

3.1.2. Domestic context 76

3.1.3. Methods and tricks in production and trading of goods

counterfeiting is becoming more and more sophisticated and complex 77

3.1.4. The types of counterfeit goods produced and traded are diverse,

more complicated than 77

3.1.5. The subjects of production and trade of counterfeit goods are increasingly diverse.

more professional and sophisticated 78

3.1.6. The production and trading of counterfeit goods are mainly concentrated in

urban areas, industrial parks, border areas and densely populated areas


3.2. Requirements for improving the effectiveness of state management and the fight against illegal production and trade

selling counterfeit goods

3.2.1. Objective requirements 81

3.2.2. Subjective requirements 82

3.2.3. Results of state management and the fight against communism

The production and trade of counterfeit goods is an important factor in ensuring economic stability and development in our country.

3.3. Some solutions to improve the effectiveness and efficiency of state management and the fight against illegal production and trafficking

selling fake goods in our country 84

3.3.1. Further raise awareness of the consequences of the production and trade of counterfeit goods

3.3.2. Perfecting laws and policy mechanisms on combating the production and trade of counterfeit goods

3.3.3. Strengthening management agencies and combating the production and trade of counterfeit goods

3.3.4. Improve capacity, moral qualities and have satisfactory policies

worthy of those working against the production and 90 trade of counterfeit goods

3.3.5. Strengthen inspection, examination and handling in the field

anti-counterfeiting and trade 91

3.3.6. Strengthening international cooperation in combating the production and trade of counterfeit goods

Conclusion 95

Reference 102

INTRODUCTION

1- Urgency of the topic

In recent years, the remarkable development of the scientific and technological revolution together with the innovation of economic policies of our Party and State has promoted the rapid development of the economy. In the market, production, business and circulation of goods activities are increasingly bustling, bustling and competitive to develop according to the needs and tastes of consumers. In such conditions, state management, especially the management of the market economy, is facing a number of complex problems and many loopholes. One of the issues of concern is the increase in the production and trade of counterfeit goods in the market economy. These activities not only directly affect the lives, health and property of consumers, directly affect the interests of business entities in the economy, but also affect the interests of the State, of the whole society, affect the investment and business environment of Vietnam, the political prestige of the Party and the State, and reduce the trust of the masses in the State.

The production and trade of counterfeit goods in our country is on the rise and is increasingly spreading to many industries and types of goods. Faced with the risk of harm caused by counterfeit goods, stepping up the fight against the production and trade of counterfeit goods is an urgent requirement that requires the attention of the Party and the State. On the other hand, the fight against the production and trade of counterfeit goods also requires competent agencies to perform their functions and tasks well, and coordinate synchronously with relevant agencies to fight and limit counterfeit goods. In recent times, our State has issued a number of important legal documents as a legal basis for activities to prevent and combat the production and trade of counterfeit goods. Competent agencies and local authorities at all levels have also actively organized inspections, handling, fighting, preventing and gradually reducing cases of production and trade of counterfeit goods, contributing to the health of activities.

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