The issue of intellectual property, especially geographical indications, is considered one of the most difficult issues to negotiate in the EVFTA and Chapter 12 - Intellectual Property of this Agreement regulates intellectual property with Many commitments on intellectual property protection standards are also one of the largest chapters in the entire content of the Agreement. The reason is because the EU is the world's leading exporter of intellectual products, so there is a need to strengthen protection and enforcement of intellectual property rights. The EU also has a specific protection regime for geographical indications and pays great attention to the protection of this type of intellectual property rights.

As for Vietnam, through this Agreement, businesses, organizations and individuals can access intellectual property products serving the economic, scientific and social development process at low cost. The lowest possible.

Chapter 12 of EVFTA includes 63 articles and 2 appendices (List of geographical indications and List of product groups). The main content of this chapter includes commitments on the principles of intellectual property rights protection, the scope of intellectual property rights, inventions, industrial designs, trademarks, geographical indications, and secret information. confidentiality, plant varieties, copyright issues and enforcement of intellectual property rights. However, many of these commitments basically reiterate the corresponding contents of the Agreement on Trade Aspects Related to Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO). or have only minor additions.

In general, regarding intellectual property rights within the EVFTA framework, Vietnam has committed to a high level of protection. Vietnamese law basically meets the requirements for this content, even with regulations at a higher level than TRIPS regulations. However, the EU is more demanding than the World Trade Organization (WTO) regarding measures to enforce intellectual property rights, especially related to sensitive products such as pharmaceuticals, fertilizers, and protective drugs. plants.

Main content of EVFTA on intellectual property rights

Chapter 12 - Intellectual property focuses on 3 groups: 1) General issues, 2) Protection standards for each specific subject of intellectual property rights, 3) Measures to enforce property rights wisdom.

Regarding the group of commitments on common issues, this content in EVFTA is relatively brief, focusing on the following main issues: (i) WTO compatibility principles (emphasizing the continuation of commitments on property rights). intellectual property in the TRIPS Agreement; (ii) Most favored nation (MFN) principle (Vietnam and the EU commit to giving each other's citizens a level of intellectual property protection no less than the level of protection afforded to their own citizens). any third country other than exceptions under Articles 4 and 5 of TRIPS); (iii) Principle of exhaustion of rights (Vietnam and the EU are free to regulate the exhaustion of intellectual property rights, as long as is consistent with TRIPS). Basically, these principles do not create any major changes in Vietnam's obligations on this issue other than the MFN principle.

According to EVFTA, policies and regulations related to intellectual property must be made more transparent, such as publishing on the internet the provisions of law, procedures, processes, and decisions related to the identification of intellectual property. Establishing and enforcing intellectual property rights...

Regarding the group of commitments on protection standards for each specific subject of intellectual property rights, EVFTA has commitments on protection standards for each of the eight types of intellectual property rights (rights). copyright and related rights, trademarks, geographical indications, industrial designs, patents, integrated circuit designs, trade secrets and plant varieties). However, many of these commitments basically repeat the corresponding contents of TRIPS or have only minor additions.

Notably, EVFTA is the first agreement to have provisions on a compensation mechanism by extending the protection period for owners of exclusive rights to inventions if there is an unreasonable delay in licensing procedures. pharmaceutical practice (for example, more than 2 years from the date of application for licensing without any response from the pharmaceutical management agency - Article 12.40); Regulations on recognition and protection of 169 geographical indications (wines, spirits and other agricultural products) of the EU with a high level of protection - which is only reserved for wines, spirits and 39 indications Vietnam's geography for different products (Article 12.25).

In the case of trademarks, exclusive rights may be terminated if, after the date of registration, the trademark becomes the common name of the registered goods or services (Article 12.22). For industrial designs, the shape of the entire product or of a separable and/or inseparable part of the product can be protected if national law allows. (Article 12.35), provided that it is visible during normal use (use by the end user, excluding maintenance, servicing or repair).

Regarding the group of commitments on enforcement of intellectual property rights, this is a topic that the EU side focuses on negotiating in the EVFTA because in reality, the enforcement of intellectual property rights is always a difficult problem in implementation. intellectual property law. Basically, EVFTA requires that acts of intellectual property rights infringement must be handled more severely with civil, administrative and criminal measures against subjects who violate intellectual property rights. wisdom; At the same time, give higher powers to enforcement entities (especially at the border) and rights owners.

In particular, for border control, this Agreement requires customs authorities to proactively control imported and exported goods suspected of infringing intellectual property rights on the basis of risk analysis techniques without having to at the request of the intellectual property rights holder (Article 12.59), helping customs authorities to be more proactive in inspection and supervision activities, not only detecting and identifying infringing goods and coordinating with rights holders such as current regulations. EVFTA also stipulates that the judicial agency has the right to request the losing party to pay the winning party reasonable court costs and lawyer fees, or other costs as prescribed by law (Article 12.52). .

Notably, the commitments of the EVFTA Agreement are higher than the requirements of the World Trade Organization (WTO) in terms of increasing the Court's power to decide on temporary measures for not only violators. violations, but also the entities that are storing infringing goods, not only by current measures but also by applying other measures such as freezing accounts, seizing related evidence... For group of businesses and rights owners, these commitments not only help increase economic benefits and increase creative motivation but also contribute to cost savings and confidence in registering and protecting rights.

Minh Toan