Supplementing the concept of "counterfeit goods" into the Law to increase the effectiveness of prevention and control

ANH HUY |

The Ministry of Industry and Trade proposes to bring the concept of "fake goods" to the legal level in the draft Law amending and supplementing a number of articles of 4 laws in the field of industry and trade.

The Standing Committee of the National Assembly's Economic and Finance Committee in coordination with the Ministry of Industry and Trade has just organized a consultation conference on the policy development dossier of the draft Law amending and supplementing a number of articles of the Commercial Law, Competition Law, Foreign Trade Management Law, and Law on Protection of Consumer Rights.

According to the Report on the policy development dossier of the draft Law amending and supplementing a number of articles of 4 laws, the project focuses on policies to promote decentralization and delegation of power in combination with administrative procedure reform, investment and business conditions; removing difficulties and bottlenecks in the provisions of the Law on Trade, the Law on Competition, and the Law on Foreign Trade Management;

Supplementing the concept of "counterfeit goods" in the Commercial Law to consolidate the legal basis and effectiveness, contributing to improving the effectiveness of the struggle and prevention of production and trading of counterfeit goods, protecting the legitimate and lawful rights and interests of the people and businesses;

Abolishing regulations on goods and services banned from business, restricted from business and conditional business; abolishing conditions for business of commercial appraisal services;

Amending regulations on state monopoly; abolishing contents on contracts and dispute resolution in the Commercial Law...

For businesses, the regulation of the concept of "counterfeit goods" in the Commercial Law is of important and direct significance in ensuring market stability, thereby protecting the legitimate rights and interests of businesses in production and business, especially genuine businesses with counterfeit goods, creating a level playing field.

For organizations and individuals, the regulation of the concept of "counterfeit goods" in the Commercial Law creates a basis for the struggle to prevent and combat the production and trading of counterfeit goods, thereby contributing to ensuring the right to be protected in terms of health, life, rights and legitimate interests of people and consumers.

Some National Assembly deputies believe that the amended and supplemented policies and regulations must aim to create development, truly create a transparent business environment, create favorable conditions for people and businesses, and strengthen the effectiveness and efficiency of state management in these 4 fields.

However, some opinions also noted that the regulation of criteria for determining counterfeit goods is only an initial factor. The most important thing is still the efficiency and effectiveness of functional forces at the grassroots level in fighting and preventing the production and trading of counterfeit goods.

Therefore, the drafting agency needs to continue to review the Penal Code, the Law on Intellectual Property, international experience, especially the capacity at the grassroots level, to build feasible regulations, avoiding creating obstacles in implementation.

ANH HUY
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