Article 27.- Confiscation of material evidence and means of administrative violation
1. The confiscation of goods bearing counterfeit marks or geographical indications, raw materials, materials and means used mainly for the production of or trading in, those goods applies in the following cases:
a/ It is necessary to ensure that the evidence are not destroyed, dispersed or altered or to prevent a future violation;
b/ The violating organization or individual has neither capability nor conditions to remove the infringing elements on goods or deliberately reject the request of the person with sanctioning competence regarding the removal of industrial property-infringing elements on goods, modification or addition of signs or indications on goods or means of business;
c/ The goods on market or import or export goods contain right-infringing elements and though the goods’ origin, owners, producers or releasers are unidentified, there is sufficient evidence to determine that those goods are not produced or released to the market by industrial property right holders.
2. Procedures for confiscation of material evidences and means of administrative violation in the domain of industrial property shall comply with the provisions of Article 60 of the Ordinance on Handling of Administrative Violations.
Article 28.- Handling of confiscated material evidences and means of administrative violation
1. With regard to goods bearing counterfeit marks or geographical indications, the competent handling agency shall apply one of the following measures:
a/ Confiscation for distribution for non-commercial purposes or putting to use for non-commercial purposes according to the provisions of Article 29 of this Decree.
b/ Confiscation for destruction according to the provisions of Article 30 of this Decree;
c/ Forcible removal of infringing elements and bringing out of the Vietnamese territory of transit goods bearing counterfeit marks or geographical indications; forcible re-export of import goods bearing counterfeit marks or geographical indications. If the removal of infringing elements cannot be applied, the provisions of Points a and b, Clause 1 of this Article shall apply.
2. Raw materials, materials and means functioning or used solely for production of, or trading in, infringing goods or for provision of services in violation shall be considered raw materials, materials and means used mainly for production of, or trading in, infringing goods.