The Ministry of Science and Technology (MOST) proposes blocking access to infringing domain names that have infringed industrial property rights, since many domain names found to be infringing these rights continue to operate even after penalties are imposed, making it difficult to prevent further damage and remedy the consequences.
On March 16, the Ministry of Justice (MOJ) publicly released an appraisal dossier for a draft Decree amending and supplementing several articles of Government Decree No. 99/2013/ND-CP, dated August 29, 2013, which regulates administrative penalties in the field of industrial property.
According to MOST, the lead drafting agency, the draft comprises 18 articles. Notably, Article 3 of the draft stipulates that in addition to primary and supplementary penalties, infringing organizations and individuals may also be compelled to implement one or more remedial measures.
These include: requiring the removal of infringing elements from goods or business means; requiring the return of domain names; requiring the revocation of domain names; blocking access to domain names infringing industrial property rights; and requiring changes to enterprise names, household business names, and the removal of infringing elements from such names.
According to MOST's explanatory statement, Article 5 of the Cybersecurity Law stipulates the authority to "block, restrict the operation of information systems; suspend, temporarily suspend or demand the cessation of information system operations, and revoke domain names as prescribed by law."
MOST further notes that, in practice, many domain names found to be infringing industrial property rights continue to operate even after penalties are imposed. This makes it challenging to prevent further violations and remedy their consequences, particularly when the domain name registrants have unclear addresses or are located overseas.
Decree No. 99/2013/ND-CP currently lacks provisions for technical measures to block domain name access, which has resulted in limited enforcement effectiveness. Therefore, supplementing measures to block access to domain names that infringe industrial property rights is necessary to enhance deterrence and ensure the effectiveness of state management.
Additionally, the draft also adds the phrase "household business name" to broaden the scope of remedial measures to include such names. This aligns with Clause 4, Article 86 of Decree No. 168/2025/ND-CP, which stipulates that "the handling of household business names infringing industrial property rights shall comply with specialized laws.
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