• Measures to dispose of infringing goods at the expense of the infringer. • Publication of judicial decisions. Customs • Ability for customs officers to act ‘ex-officio’ – in other words to intervene without having to wait for a complaint. • The obligation to extend border enforcement measures to exports of infringing goods. • The obligation to cooperate with right holders and to use risk analysis. Liability of Intermediary Service Providers • Rules defining the role of intermediaries’ services in the digital environment. • Liability limitations for infringements of copyright by intermediary service providers (ISPs) performing specific functions through telecommunication networks (‘mere conduit’, ’caching’ and ’hosting’). • This means it will become easier to carry out e-commerce in Vietnam as the rules are clearer as to the liabilities of service providers. IPR for pharmaceutical products Important improvements in the IPR field will make Vietnam more attractive for producers of pharmaceutical products and thus provide people with better access to quality medicines (for more information, see pages 32-33 on pharmaceuticals).
Further info: EU-Vietnam FTA, Chapter on IPR: http://trade.ec.europa.eu/doclib/html/157370.htm World Intellectual Property Organization http://www.wipo.int/portal/en/index.html IPR Helpdesk www.southeastasia-iprhelpdesk.eu http://www.southeastasia-iprhelpdesk.eu/sites/default/files/ publications/Vietnam_Factsheet.pdf
46
47