WORLD TRADE  
ORGANIZATION  IP/C/W/507 
7 May 2008 
 
 (08-2159) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
 
Questions posed by Japan  
 
 
 By means of a communication from the Dele gation of Japan, dated 30 April 2008, the 
Secretariat has received a copy of the following questions that it has communicated to Viet Nam. 
 
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VIET NAM 
  A. G
ENERAL PROVISIONS  
1. Please explain whether and how laws and regulations  of Viet Nam comply with Article 2.1 of 
the TRIPS Agreement requiring that Members comply with Articles 1 through 12 of the Paris Convention (1967). 
B. G
EOGRAPHICAL INDICATIONS  
2. Please describe in detail how the laws and regulations of Viet Nam provide for the protection 
of geographical indications require d by Article 22.2 of the TRIPS Agreement, citing the relevant 
provisions of laws and regulations , and provide examples of geographical indications so protected. 
3. Please describe in detail the manner in which the higher level of protection required for wines 
and spirits under Article 23.1 of the TRIPS Agreemen t is implemented, citing the relevant provisions 
of laws and regulations, and provide examples of geographical indications for such products. 
C. PATENTS  
4. Please explain whether, under laws and regulations  of Viet Nam, specific measures exist that 
protect the legitimate interests of defendants in  their manufacturing and business secrets consistent 
with Article 34.3 of the TRIPS Agreement, and wh at is the specific authority that provides such 
protection. 
D. PROTECTION OF UNDISCLOSED INFORMATION  
5. Please explain how the legislation of Viet Nam provides for the protection of "Undisclosed 
Information" as required by Articles 39.1 and 39.2 of  the TRIPS Agreement.  Please explain in detail 
(including the definition of "Undisclosed Informati on", acts to be prohibited, and provided civil or 
other remedies) and please cite the relevant provi sions of laws and regulations of Viet Nam. IP/C/W/507 
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  6. If the legislation of Viet Nam ensures that undisclosed test or other data submitted by an 
applicant to the responsible state agency in the procedure for market  authorization of a pharmaceutical 
or an agricultural chemical product is protected against disclosure and against unfair commercial use 
by a competitor, for example by prohibiting a second applicant for a similar product from relying on original data of the first applicant, when applying  subsequently for market authorization for a similar 
product, please explain it in detail.  Does the legislat ion of Viet Nam provide for exceptions to this?  
Does the legislation of Viet Nam set a specific term of protection by the responsible state agency for 
undisclosed test or other data of the first applicant?   If yes, please explain such a specific term in 
detail, citing the relevant provi sions of laws and regulations. 
E. E
NFORCEMENT  
7. Article 43.1 of the TRIPS Agreement requires th at judges be authorized to order production 
of evidence necessary to substantiate a party's claims  where that party has b een unable to obtain such 
evidence from the opposing party.  Please describe how the laws and regulations of Viet Nam provide 
this authorization, citing the relevant  provisions of laws and regulations. 
8. Please indicate what remedial mechanism is provi ded for intellectual prope rty right holders to 
acquire enough compensation to cover damages they suffer from infringements, in particular how to 
assess the amount of damages in cases where the ri ght holder is unable to present enough evidence to 
prove the exact amount of damages. 
9. We understand all imports and e xports suspected as infringing intellectual property rights, not 
only counterfeit trademarks or pirated copyright goods, may be subject to the suspension of the release into free circulation by the customs authorities upon request of the right holders, but ex officio 
suspension by the customs authorities is applicab le only to counterfeited trademarks, geographical 
indication goods and pirated copyright goods.  Please indicate whether Viet Nam considers changing 
the above mentioned protection at the border. 
10. Please indicate whether the competent authority,  in particular, the customs authority is 
authorized to provide relevant IP right holders w ith information on the identification of the relevant 
importer/exporter of suspended impor ts or exports, and/or the consi gnor/consignee, and the details of 
the suspended goods. Please explain the procedur es necessary to be followed to provide such 
information in detail.  Please specifically answ er the following questions:  (i) is the competent 
authority obliged to provide such information to the relevant right holders or simply authorized to do 
so (with/without receiving a petition from right holders);  (ii) on what timing the aforesaid information is to be provided to the relevant ri ght holders, when imports or exports of the subject 
goods are suspended, or when the competent au thority has concluded that subject goods are 
infringing.  
11. Please indicate where there are any other meas ures than forfeiture permissible for goods 
which are found infringing and, if so, please explain such measures in detail.  Additionally, please indicate any other measures than destruction permis sible for goods which are forfeited.  If so, please 
explain such measures in detail. 
12. Please indicate which interested party (i.e. the government, the relevant importer or exporter, 
or the relevant right holder) pays and bears the costs including storage cost of infringing goods during suspension once the decision of infringement is made .  Additionally, which interested party pays and 
bears the disposal cost of infringing go ods, such as the cost of destruction. 
13. Please indicate whether wilful trademark infringement using a trademark similar to as well as 
identical to or indistinguishable in its essential aspects from a registered trademark on a commercial 
scale is subject to criminal penalties.  IP/C/W/507 
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  14. Please indicate whether importation or exporta tion of products infringing a registered 
trademark or valid copyright (and related right ) is subject to criminal penalties as such. 
15. Please indicate whether the domestic traffick ing or importation of labels indicating 
trademarks that are identical or similar to regist ered trademarks are deemed as infringement of such 
trademark or by any means prohibited by law, even before such labels are actually attached to any 
product (registered for the registered trademarks) for distribution.  If this is the case, please explain 
further in what situation such action is deemed as in fringements.  For example, is it necessary to prove 
the party's intention to attach such labels to goods  designated for the registered trademark?  Is such 
illegal traffic of labels subject to criminal penalties? 
F. STATISTICAL QUESTIONS  
16. Please provide statistical information related to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated circ uit layout-design, and trade secret enforcement for 
2007, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing 
equipment seized; cases resolved (including settlement);  and th e amount of damages awarded. 
17. Please provide statistical information related to criminal enforcement in the area of copyright 
piracy and trademark infringement for 2007, including the number of raids, prosecutions, convictions, 
and the amount of fines and/or jail terms (including whether the fines were paid and whether the jail 
term was actually served or was suspended) and an y other information establishing that the criminal 
system operates effectively to deter copy right piracy and trademark counterfeiting. 
18. Please provide, if any, statistical information related to criminal or administrative 
enforcement in the area of copyright, trademark, geographical indication, industrial design, patent, 
integrated circuit layout-design, and trad e secret enforcement infringement for 2007. 
 
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