Joint Circular No. 01/2008/TTLT-TANDTC-VKSNDTC-BCA-BTP dated February 29, 2008 of the the Supreme Peoples Court, the Supreme People's Procuracy, the Ministry of Public Security and the Ministry of Justice guiding the examination of penal liability for acts of infringing upon intellectual property rights

JOINT CIRCULAR

GUIDING THE EXAMINATION OF PENAL LIABILITY FOR ACTS OF INFRINGING UPON INTELLECTUAL PROPERTY RIGHTS

In order to ensure the proper and unified examination of penal liability for acts of infringing upon intellectual property rights, contributing to protecting intellectual property rights in Vietnam, the Supreme Peoples Court, the Supreme Peoples Procuracy, the Ministry of Public Security and the Ministry of Justice jointly provide the following guidance:

1. Examination of penal liability for acts of infringing upon copyright and related rights

1.1. Those who intentionally commit one of acts of infringing upon copyright or related rights specified in Article 28 or Article 35 of the Law on Intellectual Property and fall into one of the following cases will be considered having caused serious consequences and examined for penal liability for the crime of infringing upon copyright under Clause 1. Article 131 of the Penal Code if their act involves all other crime-constituting elements:

a/ Committing violations on a commercial scale and for commercial purposes;

b/ Causing to holders of copyright or related rights material damage of between VND 50,000,000 and under VND 150,000,000 (including damage due to infringement of copyright or related rights and expenses paid by holders of copyright or related rights to remedy consequences caused by the infringement);

c/ Goods involved in the violation valued at between VND 50,000,000 and under VND 150,000,000.

1.2. Those who intentionally commit one of acts of infringing upon copyright or related rights specified in Article 28 or Article 35 of the Law on Intellectual Property and fall into one of the following cases will be considered having caused very serious consequences and examined for penal liability for the crime of infringing upon copyright under Clause 2, Article 131 of the Penal Code their act involves all other crime-constituting elements:

a/ Committing violations on a commercial scale and for commercial purposes and having earned profits of between VND 30.000.000 and under VND 100,000.000:

b/ Causing to holders of copyright or related rights material damage of between VND 150,000,000 and under VND 450,000,000 (including damage due to infringement of copyright or related rights and expenses paid by holders of copyright or related rights to remedy consequences caused by the infringement);

c/ Goods involved in the violation valued at between VND 150,000.000 and under VND 500,000,000.

1.3. Those who intentionally commit one of acts of infringing upon copyright or related rights specified in Article 28 or Article 35 of the Law on Intellectual Property and fall into one of the following cases will be considered having caused particularly serious consequences and examined for penal liability for the crime ofinfringing upon copyright under Clause 2, Article 131 of the Penal Code if their act involves all other crime-constituting elements:

a/ Committing violations on a commercial scale and for commercial purposes and having earned profits of VND 100,000,000 or more;

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