Date: 03-11-2022 by: Banca IP Law Firm
Counterfeit goods displayed and sold right in the Saigon Square: The commitment that has been long forgotten?
Counterfeit goods displayed and sold right in the Saigon Square: The commitment that has been long forgotten?
The Saigon Square Mall has been openly trading counterfeit products but the Market Management Department of Ho Chi Minh city could not completely handle it, causing many questions to the public
Questions regarding responsibility or execution ability to perform official duties?
In recent time, many press agencies have spoken out about the situation of selling products that are cleary fake and unknown of their origin at Saigon Square shopping center – a place known for being the “shopping paradise” of Ho Chi Minh city. However, it is a surprise that, even though this place has been considered as a “hot spot” for trading goods that are counterfeit and unclear of the origin, Market Management of Ho Chi Minh city does not seem to be able to apply legal sanctions to thoroughly handle the above situation. Instead, this unit used a “philosophy” that if it cannot be manageable, it should be…banned and they offered a much “safer” solution that is to close down the mall.
An then, up till now, Saigon Square center has not been closed at all as proposed and counterfeit goods are still existing and displaying as if there was no…inspection or the existence of the Market Management team.
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Leather bag products that are said to be counterfeit are publicly displayed at Saigon Square center - Ảnh Thuonghieuvacongluan |
Notably, in response to the press, Mr. Le Hong Hai, Head of Market Management team No. 4, said that at Saigon Square center, Lucky Plaza, Ben Thanh market (district 1), products that are smuggled, unclear of the origin, trademark counterfeits… have become increasingly complicated. After the competent forces propagated, 100% of the household businesses here signed a commitment to not trade counterfeit, imitated and smuggled goods. But in fact, these businesses have used many sophisticated tricks to deal with the authorities.
Also according to Mr Hai, it also shows a disregard for the law and the authorities when the Market Management team invited the investors of Saigon Square in to clarify the responsibility in organizing the rental business however, they still have not shown up.
The report is not entirely honest?
Report at the Conference to review the work of the first 6 months of the year and deploy tasks in the coming time of the General Department of the Market Management in July 2022, with the participation of Minister Nguyen Hong Dien with Deputy Ministers Do Thanh Hai, Tran Quoc Khanh, the Market Management team of Ho Chi Minh city reported that: The unit has focused on the fight against smuggling, commercial fraud and counterfeits goods in the area; focused on inspecting prominent areas, key commodity groups; resolutely handle violations in order to stabilize the market.
Contrary to those promising report, just 2 months before that, the press had reflected that almost every shopkeeper in Saigon Square already knew that the products they were selling were counterfeits and goods of unknown origin, but still “blantantly” consulted and distributed those products as if there was no existence of the authorities. Vietnam has joined the Bern Convention. As a member of the Bern Convention, Vietnam has been gradually researching and promulgating regulations on Intellectual Property to meet the requirement set forth by this Convention for member states. Ho Chi Minh city is a tourist center which is always crowded with international visitors but it is also not difficult to spot many international tourist who is buying goods from here. This can worsen the image of Vietnam in the eyes of foreigners.
Not understanding with that sad reality, did the Market Management team of Ho Chi Minh city feel embarrassed when they casually reported that they “focused on the fight against smuggling, commercial fraud and counterfeiting in the area; focused on impacting prominents ares, key commodity groups; resolutely handle…”
The commitment is forgotten?
We wer informed that in November 221, 63 Directors of local Market Management teams were asembled to Hanoi in a very special conference: not for reporting achievements; not for making excuses; not for telling reasons of lacking staffs, thin forces, large areas; not allowed to bring mobile phone into the meeting room, only for frankly pointing out the shortcomings and weaknesses and proposing specific measures to overcome…
After that, the General Director of Market Management Office Tran Huu Linh also required the 63 directors to sign the commitment, binding the responsibility of the directors if any officials under his authority violated.
However, up until now, Saigon Square center can be considered as the “hot spot” for displaying and distributing counterfeit goods and good of unknown origin for a long time, but the authorities including the Market Management team of Ho Chi Minh city still ccannot handle it completely, have the commitments been forgotten or have not been fully implemented?
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The Market Management team is inspecting and investigating counterfeit goods, imitated goods at Saigon Square center and Ben Thanh market in 2020 - Ảnh ANTĐ |
At this point, the public has the right to question the ability to perform of the Market Management team of Ho Chi Minh city in general and the responsibility of the Director of the Market Management team of Ho Chi Minh city in particular. The question is whether of not it is impossible to completely handle the “hot spot” of Saigon Square center of the force of Market Management team of Ho Chi Minh city is showing signs of loosening and also, the achievement figures in the report should be reviewed?
Everything has to have an address, just address the leader!
On the morning 16 March, in the program of the 9th session of the National Assembly Standing Committee, the Minister of Industry and Trade, Nguyen Hong Dien, highlighted a number of issues raised by the National Assembly deputies related to market management work. In which, the Miniter emphasized the role and the responsibility of the leaders; review and penalize the leader, authorities and officials that have been directly managing the area if there is a complicated and serious situation of counterfeit goods, low quality goods and good of the unknown origin to be complicated and serious happened for a long period of time, causing frustration among the people without any firm and effective resolution.
To our knowledge, this was not the first time that Miniter Nguyen Hong Dien mentioned the role of the leader of agencies and units in market managing field. At the conference to review the work of the first 6 months of the year and deploy the tasks of the Market Management Office starting from July 2022, Minister Nguyen Hong Dien continued to mention the role of the leaders. The Minister said that: “In the process of handling, it is necessary to uphold the exemplary characters of leaders; strictly handle the leaders if the situation prolonged; for specific cases of violations, they must be resolutely handled in accordance to the Party’s principle and law.”
On this issue, at the Conferencce to summarize the year 2021 and deploy the tasks of the market management force in 2022, the Commander of Industry and Trade stated that the force of the market management is large, dispersed, and highly independent. This force has been given great power hence, it would be wrong if it is not attached with a corresponding responsibility and he suggested to develop regulations associated with the responsibilities of the heads of the units. “Everything must have an address, just address the leader. Each job should be done by only one person or one organization for easier control. Once decentralization is complete, responsibilities must be decentralized also”, said the Minister.
Responsibilities and authority have been decentralized while counterfeit goods, imitated goods, goods of unknown origin are still being displayed publicly at Saigon Square center for the longest of time, hence, what does the leader of Market Management of Ho Chi Minh city, in particular Director of the Market Management have anything to say about this?
And then, infringments at Saigon Square center stil exist as “insolent and long-term”, challenging the dignity of the law.
Upholding the responsibility of the leader in “suppressing” counterfeit goods and goods of unknown origin is not only applied to the field of Marker Management, by the incident of Saigon Square center, it is also necessary to mention the responsibility of the leaders of government as well as local authorities of Ho Chi Minh city. In relation with this incident, one officer has informed us that there was also a reason that when conducting inspection, there was no aligned support from the local authorities. The Government, Ministries are drastically repelling the counterfeit problems to protect consumers’ rights, businesses’ rights, meanwhile, at the local authorities of the area where the situation of “above urging, below indifferent”, there is a serious lack of coordination with the Market Management team. From this situation, the public cannot hide their doubts about the responsibility of the local authority? In particular, towards the situation at Saigon Square center, is this an “untouchable” unit?
Regarding the incident at Saigon Square center, a reporter from the Industry and Trade Newspaper has contacted Mr. Truong Van Ba, Director of Market Management team of Ho Chi Minh city. When the reporter introduced himself as an officer of the Industry and Trade Newspaper, Mr. Ba proposed that he will send an officer to directly give a specific and clear answer. When the reporter contacted the unit, the staffs of the Market Management team request him to send an official letter stating the content so that they can arrage the meeting and responses.
(Source: congthuong.vn)
