Perfectionizing law on intellectual property and law on competition of Vietnam in the changing world

d) Buộc nộp lại số lợi bất hợp pháp có được do thực hiện hành vi vi phạm quy định từ Khoản 1 đến Khoản 16 Điều này. Đối với các quy định pháp luật về CT liên quan đến SHTT, Điều 3, Luật[r]

PERFECTIONIZING LAW ON INTELLECTUAL PROPERTY AND LAW ON COMPETITION OF VIETNAM IN THE CHANGING WORLD

Phan Quốc Nguyên, PhD Vietnam National University, Hanoi-School of Law

I Introduction

Intellectual Property (IP) and Competition have the strict and intertwined relationship They are legally complementing in one hand but conflicting in the other hand Under the changing context, when competition is a driving force behind innovation, protection of IP rights, and IP plays a more and more important role for increasing competitiveness of enterprises With the rapid development of science-technology, economy-society, many countries in the region and all over the world have been regulating and perfectionizing the relevant policy and laws in order to create the linkage in the direction of balancing them for innovation and development Although Vietnam has policy and legal rules on IP and competition, but the connection between two fields

is still very weak, not various so Vietnam has many difficulties in the practice for the resolution of related cases Vietnam is under the process of regional and international integration that is strong and broad, in the changing world where IP and competition both play the key role The regional and global competitive environment is more and more stronger, the regional and international integration not only creates more and more opportunities but also brings not small challenges for Vietnam For that reason, the perfection and complementation of policy and legal rules on IP, competition in the direction of closer, more intertwined connection between the IP and competition under the new changing context for better exploitation of intellectual assets, encouraging innovation in Vietnam are the urgent need, which helps Vietnam to integrate more deeply at the regional and international scale

II The Relationship between Intellectual Property and Competition

IP and Competition are both related to trade, have impact on social-economic development According to the Report of European Union in 2013, all intellectual property rights (IPRs)-intensive industries accounted for 64.9% of total GDP in the European region

In particular, trademark- intensive industries accounted for 33.9%, patent-intensive industries contributed 13.9%, industrial design-intensive contributed 12.8%, copyright-intensive industries contributed 4.2% and geographical indication-intensive industries accounted for 0.1% While, IPRs-intensive industries accounted for 34.8% of all GDP in USA IPRs-intensive industries also contributed 46.7% of all jobs in European Union In detail, trademark-intensive industries accounted for 20.8%, patent-intensive industries contributed 10.3%, industrial design-intensive industries contributed 12.2%, copyright-intensive industries contributed 3.2% and geographical indication-intensive industries contributed 0.2% While, IPRs-intensive industries accounted for 18.8% of all jobs in USA557

557 Extracts from Proceedings of Seminar on Intellectual Property, Competition and Technology Transfer, held by Ministry of Science and Technology and World Intellectual Property Organization-WIPO on 12 May 2015

According to World Intellectual Property Organization (WIPO), intellectual assets gain more and more bigger position in comparison with fixed assets Figure 1.7 in the Report

of WIPO in 2017 558 below illustrates this evidence

One of the important functions of IP is to prevent other from violate exclusive IPRs while the functions of competition are to encourage the freedom for development, not to prevent from the science and technology development, socio-economic development However, IP and competition have the strict, close, intertwined, linked relationship with some following reasons:

Firstly, the balance in the policy of IP and that of competition is mentioned in the legal system of IP in all countries including Vietnam For instance, in the present IP Law of Vietnam559, Article 132 and Article 136 stipulate that patent and trademark owners have the duty to use continuously patent and trademark After some period, if owner does not use, he/she shall transfer patent and trademark for other persons to use and exploit

Secondly, the protection of IPRs is necessary condition for innovation, foreign investment and technology transfer Without IPRs protection for transfered technology, no one wants to purchase this asset, thus, the foreign investors do not invest money or there is no export, import of technology At the result, there is competition encouragement The competition is the measure for development, for free market that we did not foster earlier in the bureaucracy and planed economy period Vietnam is in the broad and deep integration for free market development, other countries are evaluating, reviewing, comparing Vietnam‘s policy for competitive enhancement with that of other developed countries to recognize her free market

Thirdly, when accessing to World Trade Organization-WTO, barriers of product, service trade, taxes and technical barriers are levied more and more To compete with foreign

558 Extracts from WIPO Publication No.944, 2017

559 Law on IP No 50/2005/QH11, promulgated by the National General Assembly on 29 November 2005, amended in

2009

products, and Vietnamese products could enter into foreign markets, Vietnam shoud promote

to protect IPRs to enhance her competitiveness via technology licensing contract

Fourthly, in fact, the free competition is divided into two types: Fair and Unfair Competition For example, fake and copied products are unfair competition The policy and legal rules on IP of countries including Vietnam always launch stipulations, articles as main and effective tools to deter, punish the unfair competitive acts

Fifthly, the bridge linkage between IP, technology transfer and competition is very important The promotion, exploitation, application of patent, industrial design, trademark or any other intellectual asset are only implemented via the assignment, licensing of IP objects

Sixly, Vietnam opens door in one hand to international economic integration to attract foreign capital and technology, to foster competitiveness but in other hand to prevent from its side effects, for instance, foreign technology owners abuse their dominant monopole rights in transfering technologies from holding companies to ther subsidiaries in Vietnam to shell their advantagous products, etc or big foreign companies profited the local laws relating to the priority for foreigners to transfer pricing, avoid taxes via IPRs licensing contract, technology transfer contract without real technology transfer

Sevenly, exclusive rights are driving force behind the passion of inventors, innovators However, Governments of many countries launch policy, regulations to balance between IPRs and freedom to access from technological information in some fields such as: health (access

to drugs); education (access to research results); biotechnology (using gene research tools); food (alimentation safety); agriculture (preservation of bio variety)

Lastly, IPRs are tools to deter or enhance international trade freedom, which plays the key role in raise competitiveness In fact, the exclusion of IPRs might trigger negative impacts

on the access to products of users, on normal circulation of products, services in market and competition IPRs might set up domestic and international trade barriers In detail, imported products are mostly protected by IPRs, including import/export products via official distribution channels which needs to have permisson of IPRs owners and parallel import/export products via parallel import/export channels Therefore, Article 6, Agreement

of Trade-Related Aspects of Intellectual Property Rights-TRIPS560 allows countries to freely accept or ban on parallel import

III Vietnam’s legal regulations on the relationship between Intellectual Property and Competition

Laws on IP and on Competition share the common purpose to promote innovation and economic development for better benefits of consumers At present, countries including Vietnam appreciate the balance between IP and Competition by launching legal rules governing this relationship for enhancing innovation and socio-economic development In

560 Trade-Related Aspects of Intellectual Property Rights, see in details at website

https://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm

terms of benefits, the policies and legal rules governing IP and competition are all toward the common social development, toward consumers with high quality but cheaper goods and collecting more taxes for the State The amendment and modification of actual Vietnamese laws to satisfy clauses stipulated in international conventions relating to trade freedom such as Convention of Cooperation for Trans-Pacific Partnership (CPTPP), Agreement for European Vietnam Free Trade Area (EVFTA) for this purpose For that reason, the connection and balance between IP and Competition are necessary, two fields can not be splited as independent unit

Law on IP in 2005, amended in 2009, Law on Competition in 2018561, effective on 01 July 2019, with relevant Decrees mentioned the relationship between IP and Competition and the remedies for the infringement of IPRs abuse affecting competitive environment

Regarding legal rules on IP relating to competition, Article 130, Law on IP stipulates the acts of unfair competition as follows:

―1 The following acts shall be deemed to be acts of unfair competition:

(a) Using commercial indications to cause confusion as to business entities, business activities or commercial origin of goods or services;

(b) Using commercial indications to cause confusion as to the origin, production method, utilities, quality, quantity or other characteristics of goods or services; or as to the conditions for provision of goods or services;

(c) Using marks protected in a country which is a contracting party to a treaty of which the Socialist Republic of Vietnam is a member and under which representatives or agents of owners of such marks are prohibited from using such marks, if users are representatives or agents of the mark owners and such use is neither consented to by the mark owners nor justified;

(d) Registering or possessing the right to use or using domain names identical with, or confusingly similar to, protected trade names or marks of others, or geographical indications without having the right to use, for the purpose of possessing such domain name, benefiting from or prejudicing the reputation and popularity of the respective mark, trade name or geographical indication

2 Commercial indications stipulated in clause 1 of this article mean signs and information serving as guidelines to trading of goods or services including marks, trade names, business symbols, business slogans, geographical indications, designs of packages and/or labels of goods

3 Acts of using commercial indications stipulated in clause 1 of this article include acts of affixing such commercial indications on goods, goods packages, means of service provision, business transaction documents or advertising means; and selling, advertising for sale, stocking for sale and importing goods affixed with such commercial indications‖

561 Law on Competition No 23/2018/QH14 promulgated by National General Assembly on 12 June 2018, replacement of Law on Competition No 27/2004/QH11 Law is effective on 1 July 2019

Clause 3, Article 211, Law on IP stipulates: ―Any organization or individual who commits an act of unfair competition in intellectual property shall be subject to an administrative penalty in accordance with the law on competition‖

Decree No 99/2013/NĐ-CP562, Article 14 stipulates the fine rate of unfair competition

in the domain of industrial property as follows: - From Clause 2 to Clause 12: A warning or fine of between VND 500,000 to VND 250,000,000 for any of the following acts according to the value of infringing goods or services:

a) Selling; transporting, included transiting; storing for sale of goods or services affixed with trade indications, thereby misleading as to business entities or activities, trade origin of goods or services or origin, method of production, utilities, quality, quantity or other features of goods or services or conditions for provision of goods or services;

b) Placing orders to, assigning or hiring other parties to commit violations specified at Point a of this Clause

- Clause 13: A fine of equal to 1.2 times the fine levels specified in Clauses 1 through

12 of this Article, which must not exceed VND 250,000,000, for any of the following violations:

a) Affixing trade indications on goods or services, thereby misleading as to business entities or activities, trade origin of goods or services or origin, method of production, utilities, quality, quantity or other features of goods or services or conditions for provision of goods or services;

b) Producing or importing goods bearing misleading trade indications specified at Point a of this Clause;

c) Placing orders to, assigning or hiring other parties to commit violations specified at Points a and b of this Clause

- Clause14: A fine of between VND 10,000,000 and 30,000,000 shall be imposed for acts of using misleading trade indications specified in Clause 1 and Clause 13 of this Article

in case the value of infringing goods or services cannot be determined

- Clause 15: A fine of between VND 5,000,000 and 15,000,000 for any of the following acts:

a) Infringing upon rights to business secrets as prescribed in Article 127 of the Law on intellectual property;

b) Using on transaction papers or means of business, including also means of service, signboards and goods packages, trade indications which mislead as to business entities or activities or trade origin of goods or services or origin, method of production, utilities, quality, quantity or other features of goods or services or conditions for provision

of goods or services

562 Decree No 99/2013/NĐ-CP dated on 29 August 2013 on sanctioning of administrative violations in industrial property

- Clause 16: A fine of between VND 5,000,000 and 20,000,000 for any of the following acts:

a) Registering or appropriating the right to use or using domain names identical or confusingly similar to protected marks, geographical indications or trade names of other parties in order to appropriate domain names, taking advantage of or harming reputation of those marks, trade names or geographical indications;

b) Using marks protected in a country being contracting party to a treaty which bans representatives or agents of mark owners from using these marks and to which Vietnam is a contracting party, provided that users are representatives or agents of mark owners and this use is neither authorized by mark owners nor justifiable

- Clause 17: Additional sanctions:

Suspension of trading in infringing goods or services, included e-commercial activities, for between 01 and 03 months, for violations specified in from Clauses 1 thru 16 of this Article

- Clause 18: Remedial measures:

a) Forcible removal or forcible destruction of infringing elements, forcible destruction

of infringing goods from which infringing elements cannot be removed, for violations specified in Clauses 1 through 16 of this Article;

b) Forcible removal of information on infringing goods or services on means of business, services, or websites, for violations specified in Clauses 15 and 16 of this Article;

c) Forcible change of enterprise name or removal of infringing elements in enterprise name, for violations specified in Clauses 1 through 15 of this Article; forcible change or withdrawal of domain names, for violation specified in point a Clause 16 of this Article;

d) Forcible remittance of illicit earnings from the commission of administrative violations specified in Clauses 1 through 16 of this Article

Regarding legal rules on Competition relating to IP, Article 3, Law on Competition

stipuates that Unfair competition acts mean competition acts performed by enterprises

in the process of doing business, which run counter to common standards of good faith, loyalty, commercial practices and other business standards and cause damage or can cause damage to the legitimate rights and interests of other enterprises

Clause 7, Article 11, Law on Competition states that Competition restriction agreements include Agreements on restricting technical and technological development, restricting investments These agreements can be started from the abuse of exclusive IPRs

Point c, Clause 1, Article 13, Law on Competiton states that National Competition Committee evaluates impacts or the capacity of impacts restricting competition considerably

of agreements on restricting competition based on some factors including that relating to ownership, usage right of IPRs: Restricting research, development, innovation of technology

or restricting technology capacity

Article 14, Law on Competiton stipulates cases of exemption from prohibited restriction competition agreements: Restriction competition agreements stipulated in mentioned above Clause 7, Article 11 which is prohibited according to Article 12 of this Law are exempted with duration if they are useful for consumers and satify any of the following conditions including conditions relating to the abuse of exclusive IPRs: Impacts on enhancing technical and technological progress, on raising quality of goods, services

Point g, Clause 1, Article 26, Law on Competition states how to determine considerable

market power based on IPRs as follows: Considerable market power of enterprises, group of enterprises is determined based on any of the following factors including ownership, usage rights of IPRs

Article 27, Law on Competition mentions on acts abusing dominant market position, acts abusing monopoly position which are prohibited in direction of additional consequences, impacts of acts, which helps to reflect genuinely the uncompetitive essence, nature of acts, which is appropriate to business practice of enterprises In detail, Point c, Clause 1, Article 27 states that Enterprises, group of enterprises who have dominant market position and do acts

―Restricting production, distribution of goods, services, limiting market, detering the

technical, technological development which causes or can cause damages for clients‖ are

considered as enterprises with monopoly position

Based on the standardization of legal rules on unfair competition act and with the review and elimination of inappropriate acts in essence, nature, Article 45, Law on Competition in 2018 modified, complemented some acts which were stipulated in Article 39, Law on Competition in 2004 In detail, any of the following acts is unfair competition act:

1 Infringing business secrets under any of following acts: a) Access, collection of business secrets by anti-circumvention of owners; b) Reveal, use of business secrets without permission of owners

2 Forcing customers, business partners of other enterprises by threat or coercion to stop transaction or no transact with the other enterprises

3 Providing directly or indirectly deloyal, untrue information about other enterprises, which affects badly reputation, financial states or business activities of these enterprises

4 Disturbing business activities of other enterprises by directly or indirectly detering, interrupting legal business activities of these enterprises

5 Inducing clients illegitimately by the following acts: a) Providing deceiving or confusing information for clients about enterprise or goods, services, promotion, transaction conditions relating to goods or services which provided or manufactured by enterprise in order to attract clients of other enteprises; b) Comparing his/her goods, services with other enterprises‘ goods, services without justifying contents

6 Selling goods, providing services with the lowest price, which might eliminate other enterprises doing business with the same goods, services

7 Other unfair competition acts which are prohibited by other laws

Decree No 71/2014-NĐ-CP563, Article 11 relating to Agreement for limiting the technical and technological development and investment states:

1 Each party to the agreement whose combined market share in the relevant markets

is at least 30 % shall be fined up to 10% of its turnover of the financial year before the year in which one of these following violations is committed:

a) Agreement to buy inventions, useful remedies and industrial designs to destruct or

to leave them idle;

2 In addition to the fine prescribed in Clause 1 this Article, any enterprise committing any violation may be liable to some remedial measures prescribed in Clause 2 Article 8 of this Decree

Article 18, Decree No 71/2014-NĐ-CP relating to Limiting production, distribution

of goods and services, market and development of technology states as follows:

1 Any enterprise or each enterprise of any enterprise group having a monopoly to 10% of the turnover of the financial year before the year in which one of these following violations is committed:

e) Purchase of inventions, useful remedies and industrial designs to destruct or leave them idle;

g) Coercing the researchers to stop or cancel their researches which are in progress

2 In addition to the fine prescribed in Clause 1 this Article, any enterprise committing any violation against the regulations on the abuse of firms‘ dominant market positions may be liable to some additional penalties and remedial measures as follows:

a) The additional penalties and remedial measures prescribed in Clause 2 Article 16 of this Decree;

b) The unused inventions, useful remedies and industrial designs must be used or resold; d) The obstacles preventing enterprises from getting into the market or developing their business must be removed;

c) The conditions for the development of technology that have been restricted by the enterprise must be restored;

Article 28, Decree No 71/2014/NĐ-CP stipulates the fine rate for Unhealthy competition acts related to industrial property as follows:

1 A fine of from VND 10 million to VND 40 million shall be imposed when:

a) The representative or agent of a brand owner illegally uses their trademark which is protected in a country that is a State party to the International Agreement prohibiting the representative or agent of such brand owner from using their trademark Vietnam is also a State party to such International Agreement

563 Decree No 71/2014/ND-CP dated on July 21, 2014 of the Government detailing the Law on Competition (promulgated

on 03 December 2004) on imposition of violation penalties against the Law on Competition

b) Any entity hijacks the domain name or uses a domain name identical or similar to the trademark or trade name of the other or the geographical indications that he is ineligible for in order to hijack, misuse the domain name or cause damage to the prestige of the corresponding trademark, trade name and geographical indication

2 A fine of from VND 50 million to VND 100 million shall be imposed on any entity a) Using directions confusable with the trade names, business slogans, business logos, packaging, geographical indications, trademarks and other factors under the regulations of the Government in order to mislead the perception of the customers of the goods and services for the purpose of competition;

b) Trading goods and services with confusable directions prescribed in Point a, this Clause

3 A fine twice as many as the fine prescribed in Clause 2 this Article shall be imposed

on any violation prescribed in Clause 2 this Article if:

a) Relevant goods and services are essential goods and services under the regulations

of the law;

b) The violation is committed in more than one province

4 In addition to the fines prescribed in Clause 1, Clause 2 and Clause 3 this Article, any enterprise committing violations might face the following additional penalties and remedial measures:

a) The exhibits and means to commit the violations and the profit from the violations shall be confiscated

b) Public rectification must be filed

Article 29, Decree No 71/2014/NĐ-CP stipulates the fine rate for Trade secret infringement as follows:

1 A fine of from VND 10 million to VND 30 million shall be imposed on one of these violations:

a) Collecting the information of the trade secrets by violating the security measures if the legal owners of such trade secrets;

b) Revealing or using the information of the trade secrets without the permission of the owners of such trade secrets;

c) Violating the security contracts or deceiving the persons in charge of security to collect and reveal the information of the trade secrets;

d) Collecting the information of the trade secrets of any person when (s)he follow the procedures under the regulations of the law related to business, the procedures for the circulation of products or by violate the security measures of the competent authorities or using such information for business purposes or to request the licenses related to business or circulation of products

2 In addition to the fines prescribed in Clause 1 this Article, the exhibits, means to

commit the violations and profit from the violations of the enterprise committing violations may be confiscated

From the above analysises of all actual legal rules governing the relationship between laws on IP and on Competition, it can draw some following comments:

Firstly, Vietnam launches legal rules governing the relationship between two fields However, these rules are stated in principle, lack of concret, detailed, clear, strict regulations, which brings about difficulties in resolving the relevant practical cases For example, legal rules on IP do not define and stipulate clearly in detail the acts of unfair competition Some concepts and definitions in Law on Competition do not unify with that in Law on IP For instance, Law on IP uses the term ―trade indication‖ but Law on Competition uses the term

―indication‖; the definition of ―trade secrets‖ is not uniform (about unrevealed factors, factors capable of using in business) between two Laws Moreover, legal rules on competition do not stipulate in detail the relationship between IP and competition, in particular, in restriction competition agreements In detail, relating to restriction competition agreements, there is one general sentence stating the agreements restricting technical, technological development, restricting investment but does not state clearly how is the relationship between the protection

of IPRs, the abuse of exclusive IPRs with the restriction of technical, technological development in business and trade

Secondly, the present legal regulations on competition only mention about the forms

of competition rigidly, which is not accessible to uncompetitive essence, nature of acts related

to IPRs For example, agreements fixing ceilling and floor prices; agreements increasing or reducing price (without detailed level of price increase or reduction) or agreements maintaining reselling price for third parties, etc are agreements which have restriction competition essence but they are not stipulated yet While business acts, strategy of enterprises including agreements transfering, assigning IPRs change in more and more complicated manner with various forms, the present rigid legal regulations make difficulties for enforcement authorities in the process of study, treatment of detailed cases

Thirdly, relating to legal rules on unfair competition, some legal texts such as Law on

IP, Law on Advertissement, Law on Technology Transfer, Law on Enterprises, Law on Trade define unhealthy competition acts However, the related definition and contents of acts being considered as unhealthy competition are not uniform For example, Law on Competition considers trade secrets infringement is unhealthy competition act but in Law on

IP, trade secrets misappropriation is not unfair competition act Unhealthy competition acts being stipulated in different legal rules, being enforced by different competent authorities create overlapping between treatment authorities or create avoiding responsibilities between legal enforcement authorities or trigger big disputes in society because of different benefits

IV Legal Practice

Recent legal practice showed that there were unhealthy competition cases related to

IP, in particular, the cases related to internet domain names, commercial names, trademark and geographical indication For example, domain name ―cvtv.vn‖ of Vietnam Broadcasting-Television JSC consists own part ―cvtv‖ which is similar indistinguishably to trademark ―VTV‖ of Vietnam Television of Vietnam (granted Certificate of Trademak No

52468 dated on 04 Feabruary 2004), domain name ―grazia.com.vn‖, ―grazia.vn‖ which is identical with Trademakr GRAZIA of Arnodol Mondadori Editore SPA (International Registration No 276829, 276833)564

A serie of domain names using national domain name of Vietnam ―.vn‖ contain letter part which is identical or substantially indistinguishable with protected trademark, geographical indication, commercial name and are used for advertissement, product introduction, invitation for sale, sales of goods, services which are identical, subtantially indistinguishable or related at websites to which the domain name links; which causes confusing and damages to the reputation or material of trademark, commercial name or geographical indication owner, i.e the following domain names: thebodyshop.com.vn, hitachivietnhat.com.vn anz.com.vn, european-shop-ikea.vm, raphlauren.vn, kangaroo.net.vn, etc

In addition, the registration of above-mentioned domain names using national domain name of Vietnam accompanies with the possession of these domain names with the duration

of more than one year but these domain names are not used for detailed activity Besides, they are held to resell for benefit or deter owner of protected trademark, commercial name, geographical indication to register domain name For example, owner of domain names such

as samsungmobile.com.vn invites this domain name at website muare.com with the price of VND 80 million with the free of charge assignment of domain name samsungmobile.vn but requests to pay for licensing fee of VND 218,204,000 However, owner of trademark Samsung did not accept, which brings about the long time claim from 2009 to 2011565

V Conclusion and Recommendations for Solution

IP and Competition have very strict connection, both conflicting and intertwined In the changing world, with the strongly rapid development of scientific-technological revolution 4.0, for innovation and development, many countries in the region and all over the world have been modifying, regulating relevant policy, legal regulations to make the balancing linkage as bridge over this relationship Vietnam is not exceptional Vietnam launches some policies, legal rules on

IP and Competition in detail but the connection balancing the relationship between two fields is weak, not detailed thus the resolution of the pratical cases is quite difficult

To continue to integrate strongly, broadly and deeply in the region and in the world, in the changing world, the more complementation, perfectionization of laws on IP and Competition are implemented to exploite more appropriately intellectual assets, to enhance more innovation in Vietnam are urgently necessary

The solutions to perfectionize laws on IP and on Competition are in the following direction:

- To concretize the relationship between IP and Competition in relevant legal texts at present to help the enforcement of local competent authorities in the relevant cases

- To regulate in the direction of uniformizing some definitions, technical terms, professional notions in the relevant legal texts

- To perfectionize legal rules on competition in the direction of being accessible to anti-competitive essence, nature of acts related to IPRs

- To stipulate in uniform manner unhealthy competition acts in different legal texts

- To complement legal rules on IP and Competition in order to the understand the relationship between IP and Competition via trade activities, technology transfer and economic development Some regional countries in Asia like China, in Europe like European Union, in America like Canada, etc have been modifying and regulating their legal rules in this direction566 Recently, some countries in the Asian region like China, India, in the European Region like E

uropean Union, Switzerland, in the American region like USA, Brazil; in African region like South Africa, have modified law on competition in the treatment of abuse of IPRs for products of original drug, in the direction setting up strict relationship between IPRs protection and Competition, to balance common benefits and economic development567

MAIN REFERENCES

1 Law on Competition No 23/2018/QH14 promulgated by National General Assembly

on 12 June 2018, replacement of Law on Competition No 27/2004/QH11 Law is effective on 1 July 2019

2 Law on IP No 50/2005/QH11, promulgated by the National General Assembly on 29

November 2005, amended in 2009

3 Decree No 99/2013/NĐ-CP dated on 29 August 2013 on sanctioning of

administrative violations in industrial property

4 Decree No 71/2014/ND-CP dated on July 21, 2014 of the Government detailing the

Law on Competition (promulgated on 03 December 2004) on imposition of violation penalties against the Law on Competition

5 Trade-Related Aspects of Intellectual Property Rights, see in details at website

6 Proceedings of Seminar on Intellectual Property, Competition and Technology

Transfer, held by Ministry of Science and Technology and World Intellectual Property Organization-WIPO on 12 May 2015

7 Proceedings of International Seminar on ―Intellectual Property, Competition and

Enforcement of Intellectual Property Rights: experiences of Vietnam, Laos, Cambodia‖ on 04 June 2013

8 WIPO Publication No.944, 2017

9 http://www.truyenthongkhoahoc.vn/, Hoan Ha, Intellectual Property, Competition

and Technology Transfer on 13 May 2015

10 https://danangwtocenter.gov.vn., Agency for Competition and Consumer Protection,

Application of competition law into the treatment of abuse of IPRs for original drug

(Vận dụng pháp luật cạnh tranh trong xử lý hành vi lạm dụng quyền sở hữu trí tuệ đối

với sản phẩm thuốc gốc)

11 https://www.most.gov.vn/thanhtra/