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ARTICLE · 06 NOVEMBER 2024

Vietnam Issues New Circular On Administrative Sanctions In Industrial Property

Tilleke & Gibbins
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Tilleke & Gibbins

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Tilleke & Gibbins has been present in Vietnam since 1992, when it became the first foreign law firm...

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On September 30, 2024, Vietnam's Ministry of Science and Technology (MOST) issued Circular No. 06/2024/TT-BKHCN ("Circular 06"), amending and supplementing...

VietnamIntellectual Property
Linh Duy Mai
Linh Duy Mai
Diep Thi Bich Le
Diep Thi Bich Le
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On September 30, 2024, Vietnam's Ministry of Science and Technology (MOST) issued Circular No. 06/2024/TT-BKHCN (“Circular 06”), amending and supplementing certain articles of Circular No. 11/2015/TT-BKHCN dated 26 June 2015. These two circulars are the primary guidance on Decree No. 99/2013/ND-CP and Decree No. 46/2024/ND-CP on administrative sanctions in industrial property. Circular 06, which will come into force on November 15, 2024, will improve the alignment between the recently amended IP Law and its subordinate legal instruments.

Some of the notable amendments of Circular 06 are set out below.

Clarification of Additional Sanctions: Circular 06 clarifies the application of the additional sanction of “full or partial suspension of production, trading, or service activities for 1 to 3 months”, which was recently amended in Decree No. 46/2024/ND-CP. It specifies that only activities directly related to the violating goods or services will be partially

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