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“Saigon Vietnam Beer” brand beer at Biva Brewery, Ba Ria City – Photo: provided by Ba Ria – Vung Tau Market Management Department
The conclusion of this investigation was transferred to the Ba Ria People’s Protection Institute – Vung Tau Province to continue the process as prescribed. The investigating agency proposed to prosecute Mr. Le Dinh Trung (born 1967) and the legal entity “Saigon Beer Group Joint Stock Company” for “infringement of industrial property rights” under article 226 of clause 2, Criminal Code .
According to the conclusion of the investigation, Mr. Le Dinh Trung worked for many years at Saigon Beer – Alcohol – Beverage Corporation (SABECO). After resigning from SABECO, in May 2019, Mr. Tung established the Saigon Vietnam Beer Group Stock Company consisting of three shareholders, of whom I contributed 70% of the capital, the rest were Ms. Tran Thi Ai Loan and Tran. Thi Khanh Ha each contributes 15% equity.
The investigation agency determined that, due to a long time working at SABECO, knowing the reputation and reputation of SABECO’s beer brand, Mr. Le Dinh Trung designed his own designs and designs “Saigon Vietnam Beer.”, Causing confusion with a known product that has been protected by industrial property of SABECO.
Previously, in April 2020, at the Biva brewery (Ba Ria city), the market management agency discovered more than 4,700 beer kegs, 116,700 crates of beer cans and 3,300 crates of unused beer tanks, all with labels. brand “Saigon Vietnam Beer”. The market management agency temporarily seizes this material evidence and transfers it to the police for their handling because there are indications of infringement of the industrial property rights of SABECO beer.
“Saigon Vietnam Beer” brand beer at Biva Brewery, Ba Ria City – Photo: provided by Ba Ria – Vung Tau Market Management Department
The results of the police investigation show that the Biva facility is the brewing location under the contract signed with the Saigon Beer Group Joint Stock Company. Before being discovered, the Biva facility produced and sold 4,200 barrels of beer to the Saigon Beer Group joint-stock company under the “Saigon Vietnam Beer” brand and sold 3,300 barrels of beer to major customers in the district. Krong Pak (Dak Lak), Dong Xoai Town (Binh Phuoc), and Soc Trang Town.
However, when the case happened, the authorities only confiscated 605 barrels of beer that could not be consumed in Dong Xoai. The remaining 900 kegs of beer, Mr. Le Dinh Trung claimed he used for donation, marketing and damages.
During the investigation, the police asked the authorities to inspect and concluded that “Saigon Vietnam Beer” and some images contain elements that infringe the copyrights of SABECO’s protected trademarks.
Although the company has not been approved to issue a brand registration certificate, the company has advertised its own product under the brand name “Saigon Vietnam Beer” and has commercialized it.
At the end of November 2020, the National Intellectual Property Office decided to refuse to grant a trademark registration certificate for the “Saigon Vietnam Beer” brand of this company.
According to the conclusion of the investigation, the violation of industrial property rights by Mr. Le Dinh Trung and the Saigon Beer Group Stock Company has violated the protection of industrial property rights, for the amount of crime more than 1,400 million. According to calculations, for every keg of beer that hits the market, this company makes a profit of about VND 29,000.
The cans of “Saigon Vietnam Beer” were ordered by the Saigon Vietnam Beer Group joint-stock company from HN Company Limited (Tay Ho district, Hanoi). The origin of the beer cans was imported from China by HN Company, through the port of Cat Lai, Ho Chi Minh City. And a case of beer cans is produced by a “ghost” company located in Thoi Tam Thôn, Hoc Mon district, Ho Chi Minh city.
