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The imported goods with Vietnamese counterfeit brand: Is the owner of counterfeit brand innocent?

10:11 | 28/07/2019

VCN- There are many cases of importing Chinese goods with Vietnamese labels have been detected and stopped at the border gates by the Customs authorities. The question remains, is the owner of the counterfeited brand innocent?  

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The documents for the shipment of 600 Chinese loudspeakers expressing fake Vietnamese labels is being completed by the Anti-Smuggling Investigation Department, the General Department of Customs to prosecute a criminal case. Photo: T.H.

Who owns 600 speakers with fake Vietnamese label?

The document of the import of 600 Chinese loudspeakers expressing Vietnamese labels is being completed by the Anti-Smuggling Investigation Department, the General Department of Customs to prosecute a criminal case. The prosecution of the case aims to expand the investigation and clarify the responsibilities of concerned people, in which determining who is the real owner of the shipment of 600 imported loudspeakers?

According to the case file, in September last year, Tran Vuong Import-Export Limited Liability Company(referred to as Tran Vuong Company) did customs declaration, declared to import loudspeakers combined with recording and sound reproducing machine 35, no brand; 100 percent new. The shipment consisted of 601 pieces, made in China, valued at more than US$ 10,000. For the actual inspection of consignments, the Anti-Smuggling Control Team in the South (Team 3), Department of Anti-Smuggling Investigation, General Department of Customs coordinated with Saigon Port Border Gate Customs Department in area 1 to detect a shipment of 600 speakers (packed in one box), imported from China. Enterprises also declared goods originating from China, but on the whole product are shown "NANOMAX Speakers; Son Tung Construction and Electronics Joint Stock Company (referred to as Son Tung Company), head office: 83/5 Thoai Ngoc Hau - HoaThanh Ward - Tan Phu District - Ho Chi Minh City; Certificate of registration of trademark number: VN4-0082480; Made in Viet Nam".

After the shipment was seized, working with Customs authority, Tran Thanh Tung, Director of Tran Vuong Company, said the above-mentioned loudspeaker shipment was entrusted to be imported to Tran Tung Company by Tran Vuong Company according to the contract signed between the two parties. The ordering and printing of contents on the speaker packaging is proposed by Son Tung Company. Explaining the above labelling, Director of Tran Vuong Company said he knew about the printing contents before importing, but misunderstood it was the additional label on the product.

However, after that, he changed his testimony saying Tran Vuong Company did not do entrusted import, but entered the business of unfinished products and expected to sell it to Son Tung Company.

What do fake brand owners say?

Many cases of importing Chinese goods but expressing Vietnamese labels have been detected and stopped at border gates by Customs authorities.

However, the problem in each case is the falsified brand owner innocent?

In the case of importing 600 fake brand loudspeakers mentioned above, although the testimony of related parties is not consistent, it is difficult to say that the owner’s brand did not know about that. Talking to reporters from the Customs Newspaper, a civil servant of the 3rd Division of Anti-Smuggling Investigation said through the testimony of two directors of business and the documents provided to the Hai agency shows there are many contradictions and inconsistencies. The results of the initial investigation by the customs authorities show that there are signs of making fake Vietnamese brands from abroad.

Nguyen Van Chuong, Director of Son Tung Company, said the company ordered the mobile speaker shipment of Tran Vuong Company and suggested Tran Vuong Company to affix the NANOMAX trademark according to the form. But because Tran Vuong Company did not understand or mistakenly put it on the packaging of "Made in Vietnam" right from China instead of "Made in China"!

Besides the above case, previously six containers of unglazed tiles were checked, 100 percent new, made in China imported by H.T Limited Liability Company (Ho Chi Minh City), the Customs Department of Ho Chi Minh City discovered on the product packaging the words Made in Vietnam; ROYALGRES PORCELLANATO brand, manufactured in My Xuan A industrial zone, Tan Thanh district, Ba Ria-Vung Tau. Verifying at Hoang Gia Ceramic Limited Company with the address and product as shown on the imported product, the company affirmed there is no business relationship, purchase or outsourcing with HT Limited Liability Company and does not export ROYALGRES branded tiles to China.

Whether there is any conclusion of making fake labels from abroad will be clarified by the investigating agency. However, in the case of the import of loudspeaker speakers above, the brand owner cannot be innocent.

By Le Thu/Quynh Lan