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FREE TRADE AGREEMENT BETWEEN VIETNAM AND UK (UKVFTA)

The commitments in the UKVFTA include standards of protection for intellectual property rights, and strengthened enforcement measures.

UK IP businesses owners to enjoy higher protection standards than those committed under WTO:

  • Vietnam will join and ensure the standards for protection of copyright and related rights agreed under the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) before 1 August 2023.
  • A public electronic database system listing trademark applications and registered trademarks will be available in Vietnam.
  • Well-known trademarks of the UK are protected according to more appropriate and favourable standards.
  • In the area of industrial design, protection is afforded to not only the overall design of finished products, but also the design of visible components/parts of the products.
  • Vietnam has committed in the UKVFTA to the automatic protection of some geographical indications of the UK and Northern Ireland, including Scotland Farmed Salmon, Scotch Whisky, Irish Cream, and Irish Whiskey ‘Uisce Beatha Eireannach.’

UK IP owners have access to a series of versatile and robust tools to boost protection of their IP rights in Vietnam:

  • IP owners can request that Vietnamese Courts apply temporary urgent measures in order to promptly prevent infringement at any time. They may also request the defendant provide banking transactions, financial or commercial documents under their control. Courts may further request any entities provide information related to the infringement, means of production, or distribution of infringed goods or services.
  • Customs authorities must actively participate in preventing IP infringement and must cooperate with IP owners to enforce IP rights.
  • Proportional monetary compensation measures may be provided to replace other sanctions if infringement is due to negligence.