Subjective Requirements: State Management and Anti-Production Work in Our Country Still Have Many Limitations, Results Are Not High.

It is necessary to further improve the effectiveness of state management in combating the production and trade of counterfeit goods.

Vietnam must fulfill its international commitments, amend and build a legal system in accordance with WTO regulations. Harmonizing Vietnamese law with international law not only creates stability in the legal system but also creates confidence for foreign investors and facilitates Vietnamese enterprises in international economic relations, including the resolution of international disputes.

The fight against counterfeit goods also faces many challenges in protecting the domestic market, implementing international commitments as well as promoting more active, close and comprehensive international cooperation to enhance the law enforcement capacity in the fight against counterfeit goods of domestic authorities. The subject of inspection and control of violations in the field of counterfeit goods in the context of international economic integration is extremely important when the world has considered industrial property in particular and intellectual property in general as an asset that needs to be protected. Perfecting the system of mechanisms, policies, laws, and sanctions for the production and trade of counterfeit goods is one of the important contents of state management in the new conditions that requires taking into account in order to perfect the legal environment as a basis for inspection and control work; ensuring the consistency and synchronization of the system of mechanisms, policies and laws; both preventing negative behaviors in inspection and control due to taking advantage of loopholes in legal mechanisms and policies; gradually bringing our legal system into line with WTO law and international practices.

3.2.2. Subjective requirements: State management and the fight against production in our country still have many limitations and the results are not high.

As analyzed and evaluated in the above section, the fight against the production and trade of counterfeit goods still has many limitations. Currently, there are many state agencies in

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The central and local authorities directly involved in the fight against the production and trade of counterfeit goods, including Customs, Market Management, Economic Police, Science and Technology Inspectorate and specialized management agencies such as Health, Culture, Agriculture ... and for each industry, the main management responsibility is assigned to each Ministry, causing overlapping functions, creating loopholes, and not being able to comprehensively control cases. Due to the lack of a unified management agency in the field of combating the production and trade of counterfeit goods, in reality there is no unified direction and management, the coordination relationship between state management agencies in this field is not effective, leading to a situation where everyone does their own thing and overlaps. This results in the ability to prevent and handle violations in the production and trade of counterfeit goods is still limited.

The mechanism, policies and laws still have many shortcomings compared to reality, the level of administrative handling according to current legal regulations is too low, not enough to deter, and has not handled the issues of compensation for damages; the organization of activities to combat the production and trade of counterfeit goods has achieved results but not high; the coordination mechanism between enforcement agencies is not good; the understanding of the whole society about counterfeit goods is still low, the awareness of compliance with the law on counterfeit goods is not high; the negative effects of the international integration process have not been effectively prevented, counterfeit goods from abroad still flood into Vietnam quite a lot. The administrativeization of counterfeit violations also reduces the effectiveness of the fight against counterfeit crimes, the boundary between administrative and criminal handling is not clearly defined. The above results and limitations require that the effectiveness of state management in the fight against the production and trade of counterfeit goods must be further improved in the coming time, overcoming fundamental limitations in all aspects to meet the requirements of the new situation.

Subjective Requirements: State Management and Anti-Production Work in Our Country Still Have Many Limitations, Results Are Not High.

3.2.3. The results of state management and the fight against the production and trade of counterfeit goods are important factors in ensuring economic stability and development in our country.

This is considered an inevitable rule for countries in general and for Vietnam in particular that are accelerating their integration into the world economy. The economy cannot be stable and develop if legitimate businesses are not protected and their products are damaged by counterfeit goods.

The process of maintaining economic stability and development requires state management of the fight against counterfeit production and trade to be innovated to achieve even better results. Law enforcement agencies against counterfeit production and trade must truly be a reliable support for legitimate businesses, their rights must be guaranteed and they must compete fairly before the law. The stability and development of the economy requires equality and fairness among economic entities. Strengthening state management of counterfeit production and trade has contributed to creating that equality and fairness. Therefore, effective state management and the fight against counterfeit production and trade are important factors to ensure economic stability and development in our country.

3.3. Some solutions to improve the effectiveness and efficiency of state management and the fight against the production and trade of counterfeit goods in our country

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

Awareness is the basis of action. To create unity of action in the fight against the production and trade of counterfeit goods, the most important, long-term and positive issue is to strengthen propaganda and education so that all levels, sectors, businesses and consumers are aware of the risks of counterfeit goods as well as clearly see their responsibilities in the fight against the production and trade of counterfeit goods. Although severe penalties for violations of counterfeit goods are necessary, in the long run, public awareness is more important. Especially in developing countries, the role of awareness

of the public is more meaningful. This can be done by strengthening information and propaganda work in many forms, especially on mass media. Doing a good job of propaganda and education is one of the solutions with the most important significance to raise awareness of the whole society, thereby creating unity of action in the work of preventing counterfeit goods, overcoming the situation of indifference and shirking responsibility of functional sectors.

Counterfeit goods can only be prevented when all consumers, manufacturers, distributors, and socio-economic organizations are fully informed and aware of the law on counterfeit goods. Therefore, it is necessary to classify the subjects to have appropriate propaganda content:

Firstly , for business entities, it is necessary to propagate and educate the awareness of law compliance and the dangers of counterfeit goods so that business entities voluntarily comply with the law, support and coordinate with State agencies to fight counterfeit goods; find all measures to protect themselves from the risk of counterfeit attacks such as: registering trademarks, industrial designs, geographical indications, names of origin, registering intellectual property, announcing quality standards of goods and services... or find other appropriate measures to protect their products such as: affixing product stamps, anti-counterfeit stamps, fully implementing regulations on product labeling, expanding promotion and propaganda on mass media about their genuine products, distribution and consumption networks...

Second , for consumers, the authorities warn of the risks of counterfeit goods, helping each person have enough necessary information to recognize and choose genuine goods, avoid buying counterfeit goods; consumers need to carefully research the product before buying, should choose reputable brands on the market, learn and master the signs to identify genuine goods, counterfeit goods; learn and understand the official distribution system of the product to buy (stores, official agents).

It is necessary to further enhance people's awareness of intellectual property rights in general and counterfeit goods in particular, thereby raising people's awareness in grasping information, detecting counterfeit goods, promptly reporting to the authorities when discovering or buying counterfeit goods, not consuming counterfeit goods, not covering up or assisting in the production and trading of counterfeit goods. If an unusual case is detected, consumers can contact the manufacturer of the genuine product for identification advice, contact the Consumer Protection Association, the Anti-Counterfeiting and Brand Protection Association to protect their legitimate rights.

Third, for forces that inspect, control and handle violations of counterfeit goods, regularly disseminate legal knowledge; experience in inspecting, handling and fighting against counterfeit goods of collectives and individuals inside and outside the industry. Information on the development of genuine goods (intellectual property registration, trademarks, quality standard announcements), the situation of counterfeit goods on the market (what goods emerge at each time, where are their origins, how are they handled) ... so that those working in the fight against counterfeit goods can improve the effectiveness of the fight and prevent violations.

To make propaganda and education work effective, it is necessary to carry out the following specific tasks:

One is to periodically or regularly organize exhibitions of genuine and fake goods, distribute leaflets... to introduce and widely disseminate to everyone the status of counterfeit goods, the signs to distinguish between genuine and fake goods circulating on the market.

Second, organize many conferences, seminars, and specialized training courses on counterfeit goods and the work of combating the production and trade of counterfeit goods so that officials of all sectors, levels, forces with the function of combating counterfeit goods and businesses have the opportunity to supplement and equip themselves with more basic and comprehensive knowledge and understanding of this work, especially in professional expertise in combating counterfeit goods.

Third, there is adequate attention and investment in propaganda on mass media about the situation and results of anti-counterfeiting work of the industry, locality and the whole country.

Announce on mass media information and columns about counterfeit goods, how to identify counterfeit goods, counterfeiters, counterfeit cases that have been handled or prosecuted, international issues about counterfeit goods. Information and propaganda about counterfeit goods should be reduced in fees.

Propaganda work requires constant adaptation to each type of audience through media such as: spoken, written and visual media... forms and methods must be constantly changed and diversified, rich and easy to understand and remember.


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

Currently, the issue of counterfeit goods and anti-counterfeiting is regulated in many different documents. The legal regulations on counterfeit goods, on inspection and handling of counterfeit goods still need to be further improved, the regulations in each field need to be supplemented to create unity, synchronization and specificity to meet the requirements of the work of combating the production and trade of counterfeit goods, especially in the conditions of international economic integration. In the current system of legal documents, there is still no complete and detailed legal concept of counterfeit goods. It is necessary to codify the regulations on the concept, signs and types of counterfeit goods; promulgate the inspection and handling process for counterfeit goods. Specifically:

Firstly , develop regulations on administrative sanctions for violations of production and trade of counterfeit goods, including unifying the level of sanctions, signs of counterfeit goods, and violations; increasing the level of sanctions for violations of counterfeit goods, and regulating the calculation of damages and compensation for damages.

Second , stricter regulations on management and control of printing and importing packaging and labels. The management of printing, manufacturing and importing facilities for packaging is currently not strict. There should be regulations on sanctions for violations of printing and handling of printing facilities and packaging trading with fake labels or trademarks.

Third, develop and promulgate a complete process for inspection, conclusion of violations and handling of acts of manufacturing and trading counterfeit goods and goods that infringe intellectual property rights. Complete legal regulations on the responsibilities of competent authorities in coordinating inspection and handling of counterfeit goods and acts of manufacturing and trading counterfeit goods; provide more specific guidance on intellectual property appraisal, appraisal fees as well as the establishment and operation of these organizations. It is necessary to promulgate regulations on procedures and competent agencies for appraisal; and the taking of samples of goods and exhibits for appraisal.

Fourth, the 1999 Penal Code stipulates sanctions for the act of producing and trading in counterfeit goods, but there is no detailed guidance document on counterfeit goods (previously, there was Decree No. 140-HDBT dated April 25, 1991 regulating the inspection and handling of the production and trading of counterfeit goods (now expired). Currently, Joint Circular No. 10/2000/TTLT-BTM-BCA-BTC-BKHCNMT guiding the implementation of Directive 31/1999/CT-TTg dated October 27, 1999 of the Prime Minister on the fight against the production and trading of counterfeit goods has stipulated a number of signs of counterfeit and poor quality goods, some contents in this Circular have been changed, on the other hand, the legality of the document is not high. Moreover, in this Circular, the concepts are not fully, detailedly and accurately expressed. Therefore, there needs to be a Joint Circular between the Procuracy and the Ministry of Public Security. The Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, and the Ministry of Justice provide specific guidance on criminal handling of crimes related to the production and trade of counterfeit goods as prescribed in the Penal Code, provide guidance on the signs of the crime of counterfeiting and trading in counterfeit goods, and provide specific guidance on the criteria.

basis for consideration, administrative handling or criminal prosecution for these violations.

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

In the coming time, the innovation of the organization of state management agencies and forces fighting against counterfeit goods, directing and operating the anti-counterfeiting work needs to be further consolidated, improved, and the capacity and efficiency of operations improved; promoting and enhancing the role of local anti-counterfeiting agencies in accordance with the direction of the Prime Minister: wherever counterfeit goods are produced and traded, in addition to the responsibility of local Party committees and authorities, the heads of local anti-counterfeiting agencies must also bear joint responsibility; authorities at all levels are responsible for the production and trade of counterfeit goods in the locality; strengthening the inspection and supervision activities of the central anti-counterfeiting steering agency; gradually modernizing our country's anti-counterfeiting activities to keep up with and integrate with countries in the region and the world.

Narrowing down the state management function of combating the production and trade of counterfeit goods to a unified focal point. Identifying the specific roles and responsibilities of each sector, each force and especially the position of enterprises in the fight against counterfeit goods, on that basis determining the responsibilities of each sector and each level in this work, overcoming the current overlapping or reliance. The above content must be institutionalized by a Government Decree and inter-sectoral coordination regulations.

The practice of checking and handling counterfeit goods in recent times has shown that many major cases of counterfeit goods that have been discovered and handled have been coordinated between sectors, forces, localities and with businesses. Therefore, in addition to the independent inspection and control of each sector, each force, each locality, coordination in detecting, checking, preventing and handling cases of counterfeit goods, especially

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