Recently, the General Department of Customs issued Document No. 4319/TCHQ-ĐTCBL (dated September 11) to the Anti-Smuggling Investigation Department, as well as the Customs Departments of provinces and cities. The content of the document focuses on strengthening the control of counterfeit goods smuggling and protection of intellectual property rights (IPR) in the last months of 2024.
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| Customs forces inspect goods according to regulations. (Photo source: thanglong.chinhphu.vn) |
The document stated that in the first 6 months of the year, the entire Customs sector discovered, arrested and handled 42 cases related to intellectual property violations and counterfeit goods, with an estimated value of 9,229 billion VND.
It is known that the infringing goods mainly originate from China and Thailand; belonging to the groups of auto parts, machinery, industrial equipment, garments, and cigarettes. The violations mainly occurred in the provinces of Lang Son, Quang Ninh, Bac Ninh, Ha Tinh, Quang Tri, Quang Binh, Tay Ninh, Binh Phuoc, An Giang, Binh Duong, Dong Nai, Vung Tau and the cities of Hanoi, Hai Phong, Da Nang and Ho Chi Minh City.
Violations include taking advantage of the classification to bypass physical inspection of goods; making false declarations or not declaring on the goods declaration; taking advantage of simple procedures to conceal the act of transiting counterfeit goods. In particular, some subjects have taken advantage of legal loopholes to print phrases such as “Technology of Japan” on product packaging, with the aim of evading authorities.
The General Department of Customs stated that compared to the same period in 2023, the work of controlling the smuggling of counterfeit goods and goods infringing on intellectual property rights in 2024 has been gradually controlled, but this work in some localities has not yet reflected the actual situation. According to the General Department of Customs, there are 4 reasons leading to the above situation:
Firstly, some local customs units have not really paid attention, leading to the direction of the work of combating counterfeit goods smuggling and intellectual property rights infringement. This is one of the reasons why the results of the work of combating counterfeit goods smuggling and intellectual property rights infringement in the first 6 months of 2024 are not in line with the practical situation, and still have many limitations.
Second, the skills and technical means to support the identification of counterfeit goods, goods with counterfeit trademarks, origins, etc. are a big challenge for customs officers and civil servants performing their duties. The legal system regulating the field of anti-counterfeiting and intellectual property infringement is also not yet synchronized, with many problems and difficulties.
Third, the coordination in combating counterfeit goods and intellectual property rights infringement between the functional units of the General Department and local customs units is not effective and substantive. Therefore, there are still some cases that are lingering, there is no uniformity in the application of legal regulations, and there is even a phenomenon of shirking responsibility in handling cases related to counterfeit goods and intellectual property infringement.
Fourth, the reporting work as prescribed for cases related to counterfeit goods and intellectual property infringement at some local customs units is still not accurate and complete, somewhat affecting the assessment and forecasting work of the General Department.
Accordingly, in order to effectively carry out the work of combating smuggling of counterfeit goods and goods infringing intellectual property rights in the last months of 2024, the General Department of Customs requests the Anti-Smuggling Investigation Department and the provincial and municipal Customs Departments to implement the following 5 key contents:
Firstly, review, inspect and evaluate the results of the implementation of the contents on controlling the smuggling of counterfeit goods and goods infringing on intellectual property rights in the first half of 2024 that the units have developed. At the same time, supplement and adjust them to suit the practical situation in the locality, focusing on key fields, areas and types of export and import such as: import and export business, export production processing, transit, independent transportation... with high risks of smuggling counterfeit goods, goods with counterfeit trademarks, origin fraud,... to have timely and effective prevention, detection and handling measures.
Second, strengthen information collection, grasp the local situation; synchronously deploy and apply professional customs control measures to inspect and strictly control import and export goods, luggage, and means of entry and exit according to key routes, localities, items, and subjects. At the same time, focus on key items such as: clothes, shoes, handbags, etc. that counterfeit famous brands: machinery, equipment to create fixed assets, electronic components, household appliances; auto and motorbike spare parts, wood and wood products, etc. for processing and export production with signs of counterfeiting brands, fraudulent origin for the purpose of smuggling and tax evasion.
Third, promote the role and responsibility of leaders in inspecting and directing the work of combating counterfeit goods smuggling and protecting intellectual property rights in key areas such as Lang Son, Quang Ninh, Bac Ninh, Ha Tinh, Quang Tri, Quang Binh, Tay Ninh, Binh Phuoc, An Giang, Binh Duong, Dong Nai, Vung Tau provinces and the cities of Hanoi, Hai Phong, Da Nang and Ho Chi Minh City. It is required to ensure substance and effectiveness on the basis of clearly identifying the types, items, and key subjects, assigning specific tasks to units, and determining individual responsibilities in the work of combating counterfeit goods smuggling and protecting intellectual property rights. Control the situation well, not allowing prominent incidents to occur, forming complicated networks and groups, causing outrage, and attracting public attention.
Fourth, local Customs Departments shall direct their Sub-Departments and Customs Control Teams to closely coordinate with professional units under the Anti-Smuggling Investigation Department in receiving information, exchanging professional information and handling cases with signs of law violations related to counterfeit goods and infringement of intellectual property rights. At the same time, they shall take the initiative in inspecting and handling cases of law violations in the above fields, ensuring strictness and compliance with legal procedures, without dragging on or shirking the matter.
Fifth, rectify the implementation of reporting to ensure accurate and timely statistics according to regulations; update new methods and tricks on smuggling of counterfeit goods and goods infringing on intellectual property to serve the forecasting and direction of the General Department's leaders.
The Anti-Smuggling Investigation Department and the Customs Departments of provinces and cities are required to seriously implement and thoroughly grasp the above contents.
Source: https://congthuong.vn/tong-cuc-hai-quan-tang-cuong-dau-tranh-chong-buon-lau-hang-gia-trong-nhung-thang-cuoi-nam-2024-345675.html
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