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FREE TRADE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM AND EUROPEAN UNION (EVFTA)

The EVFTA Agreement's intellectual property commitments include commitments on copyrights, inventions, inventions, commitments relating to pharmaceuticals and geographical indications, etc. Basically, commitments on intellectual property Vietnam's intellectual property is in accordance with the provisions of current law.

Copyright and related rights

Vietnam committed to accede to the Copyright Agreement (WCT) and the Treaty on Performances and Phonograms (WPPT) of the World Intellectual Property Organization (WIPO) within 3 years from the date of the Agreement. EVFTA is in effect. The EVFTA Agreement provides for a period of protection lasting at least 50 years and exclusive protection of performers in the reproduction, distribution, publication, and broadcasting of a fixed performance to the public.

Trademark

The two Parties undertake to apply a favorable and transparent registration procedure, including establishing a public electronic database of trademark registration dossiers, and allowing revocation of the registered trademark. but not in actual use for at least 5 years.

Industrial Designs

Vietnam commits to accede to the La-or Agreement on International Registration of Industrial Designs (1990) within 2 years from the entry into force of the EVFTA Agreement and will protect the industrial design for a period of at least 15. year.

Enforcement

The Agreement has provisions on border control if it is found that the exported goods have signs of infringement of intellectual property rights.

Geographical Indications (GI)

Since the EU Members have a tradition of mass production of agricultural products and foods of specific regional quality such as Bordeaux wine, Mozzarella cheese, Parma ham, etc., the EU has a high degree of protection. GI and attaches great importance to the content in negotiating FTAs. Vietnam also has legal provisions on protection of geographical indications and some geographical indications are protected, giving higher value to agricultural and food producers in some regions. Phuong.

When the Agreement comes into force, Vietnam will protect more than 169 geographical indications of the EU (including 28 members) (mainly wine and food). The EU will protect 39 geographical indications of Vietnam. All geographical indications of Vietnam are related to famous agricultural products and foods with high export potential such as Moc Chau tea, Buon Ma Thuot coffee, etc., creating conditions for a number of agricultural products of Vietnam. building and asserting its brand in the EU market.

Most Favored Nation Treatment (MFN) Commitment

Other than treating preferences in trade in goods and services under FTAs ​​as exceptions to the MFN principle (members in an FTA can grant each other preferences in the areas of goods and services. cases which are not considered to be in violation of WTO MFN principles), under the WTO TRIPS Agreement, with respect to intellectual property rights, if a WTO member affords any advantage, preference, priority or exemption. Any subject holding nationality of another WTO member country must also grant such treatment to nationals of all WTO member countries. As such, the high level commitments on intellectual property (with respect to the obligations under the TRIPS Agreement) under the EVFTA Agreement will apply to all WTO members and vice versa.