之前小編有寫過近年來越南針對智慧財產權會加強取締【參考文章【越南大小事】越南針對智慧財產權加強執法】
參照越南刑法226條第1項規定，若侵犯相關品牌標誌導致非法獲利，可以依下列規定進行處罰，且知識產權法第129條規定亦有處罰規定。不過目前小編覺得處罰有點困難，因為在在這兩部法的定義有很模糊不清的地方，且在普遍越南的智慧財產權保護意識低落下，還有一段很長的路要走~
第226條：侵犯工業產權
1.侵犯在越南受保護的品牌名稱或地理標誌的工業產權，並從該所有者的非法收益中獲得100,000,000越南盾至300,000,000越南盾以下的非法利潤，或導致該所有者的損失200,000,000越南盾至500,000,000越南盾以下的人品牌名稱或地理標誌，或帶有違規商品的，處以200,000,000越南盾至500,000,000越南盾的罰款，可處50,000,000越南盾至500,000,000越南盾的罰款，或面臨最高03年的社區監禁刑罰。
100/2015/QH13 CRIMINAL CODE
Article 226. Infringement of industrial property rights
1. A person who infringes upon industrial property rights to a brand name or geographical indication protected in Vietnam and earns an illegal profit of from VND 100,000,000 to under VND 300,000,000 or causes a loss of from VND 200,000,000 to under VND 500,000,000 to the owner of such brand name or geographical indication or with the violating goods assessed at from VND 200,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years’ community sentence.
2. This offence committed in any of the following circumstances carries a fine of from VND 500,000,000 to VND 1,000,000,000 or a penalty of 06 – 03 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The illegal profit reaped is ≥ VND 300,000,000;
d) The loss incurred by the owner of the brand name or geographical indication is ≥ VND 500,000,000;
dd) The illegal goods are assessed at ≥ VND 500,000,000.
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 – 05 years.
4. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:
a) Any corporate legal entity that commits an offence specified in Clause 1 of this Article despite the fact that it has incurred an administrative penalty or has an unspent conviction for the same offence shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000;
b) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to a fine of from VND 2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 – 24 months;
c) The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 500,000,000, be banned from operating in certain fields or raising capital for 01 – 03 years.
50/2005/QH11 ON INTELLECTUAL PROPERTY
Article 129. Acts of infringement of rights to marks, trade names and geographical indications
1. The following acts, if performed without the permission of mark owners, shall be deemed to be infringements of the right to a mark:
(a) Using signs identical with protected marks for goods or services identical with goods or services on the list registered together with such mark;
(b) Using signs identical with protected marks for goods or services similar or related to those goods or services on the list registered together with such mark, if such use is likely to cause confusion as to the origin of the goods or services;
(c) Using signs similar to protected marks for goods or services identical with, similar to or related to goods or services on the list registered together with such mark, if such use is likely to cause confusion as to the origin of the goods or services;
(d) Using signs identical with, or similar to, well known marks, or signs in the form of translations or transcriptions of well known marks for any goods or services, including those not identical with, dissimilar or unrelated to goods or services on the lists of those bearing well known marks, if such use is likely to cause confusion as to the origin of the goods or services or misleading impressions as to the relationship between users of such signs and well known mark owners.
2. All acts of using commercial indications identical with, or similar to, trade names of others which were used earlier for the same or similar type of goods or services, which cause confusion as to business entities, establishments or activities under such trade names shall be deemed to be infringements of the right to the trade name.
3. The following acts shall be deemed to be infringements of the right to protected geographical indications:
(a) Using protected geographical indications for products which do not satisfy the criteria of peculiar characteristics and quality of products bearing geographical indications, although such products originate from geographical areas bearing such geographical indication;
(b) Using protected geographical indications for products similar to products bearing geographical indications for the purpose of taking advantage of their reputation and popularity;
(c) Using any sign identical with, or similar to, a protected geographical indication for products not originating from geographical areas bearing such geographical indication, and therefore misleading consumers into believing such products originate from such geographical areas;
(d) Using protected geographical indications of wines or spirits for wines or spirits not originating from geographical areas bearing such geographical indication, even where the true origin of goods is indicated or geographical indications are used in the form of translations or transcriptions, or accompanied by such words as “category,” “model,” “type,” “imitation” or the like.
參考文章：Vướng mắc trong xử lý tội xâm phạm quyền sở hữu công nghiệp