Apple phone-back cover case prompts warning: Counterfeit and trademark violations are not the same

Police in Vietnam's Hưng Yên province have initiated criminal proceedings against Phùng Thị Nhung, born in 1989, over the alleged infringement of industrial property rights. The provincial police said the case concerns Apple-branded phone back covers sold for customer repairs and replacements.

Investigators said Nhung carried out the sales from December 2025 through May 30, 2026. The total value of the allegedly infringing goods exceeded 550 million dong. Apple is identified as a trademark protected in Vietnam.

Lawyer Hồ Bích Phương of the Hanoi Bar Association said four legal elements require attention. Industrial property rights cover the rights of individuals and legal entities to protected inventions, industrial designs, trademarks, trade names, geographical indications and trade secrets. A trademark therefore falls within the scope of legally protected industrial property.

If a trader uses a sign identical or similar to a protected trademark without the owner's permission, and the conduct satisfies the conditions in Article 226 of the Criminal Code, it may constitute industrial property rights infringement. The reported value of the goods also exceeds the 500 million dong threshold cited by the lawyer as a basis for considering criminal liability under Clause 2 of that article.

The case also requires authorities to establish that the accused had criminal liability capacity and the legally required age, as well as proving intent. If all elements of the offense are established, the alleged value of more than 550 million dong could lead to the penalties under Clause 2 of Article 226: a fine of 500 million to 1 billion dong or six months to three years in prison. Additional fines of 20 million to 200 million dong and bans on holding positions or practicing may also apply.