TPP-based IPR poses challenges for Vietnam

14:18 | 20/04/2016 Science - Technology

(VEN) - The implementation of the Trans-Pacific Partnership (TPP)’s intellectual property rights (IPR) chapter will help Vietnam strengthen technology innovation and transfer and benefit manufacturers and creators. However Vietnam must overcome many challenges.

TPP-based IPR poses challenges for Vietnam

TPP-based IPR protection will pose many difficulties for state management agencies

Main barrier

Deputy Minister of Industry and Trade Tran Quoc Khanh when addressing an online seminar on TPP’s intellectual property regulations said that Vietnam has provided IPR commitments since 2000 when signing the Bilateral Trade Agreement with the US and had the legal system on IPR protection when participating in the World Trade Organization.

Negotiations on the IPR chapter of the TPP faced many difficulties such as copyright and related rights, data protection for pharmaceutical products, especially data protection time.

According to the Ministry of Science and Technology’s National Office of Intellectual Property Deputy Director Le Ngoc Lam, maintaining five years of data protection for pharmaceuticals was seen as Vietnam’s big success in TPP negotiations. According to the Law on Intellectual Property, the protection was under undisclosed data, but would become exclusivity data for biologics due to TPP requirements. Therefore, businesses cannot use experimental results to provide similar products for the market.

Obstacles in implementation

The implementation of TPP commitments will pose difficulties for state management agencies and businesses. According to Tran Quoc Khanh, Vietnam must develop a new legal framework and strengthen law enforcement. The development of the new legal framework will be implemented by ministries and departments. However, strengthening law enforcement is seen as the most difficult task. If law enforcement capacity is not improved, other countries will not invest in or share knowledge with Vietnam. Vietnam needs to honor products with intelligence and change thinking to promote innovation.

The number of registration petitions for IPR protection has annually increased by 10-15 percent, creating a huge pressure on enforcement capacity. Moreover, the TPP will require trademark protections including sound and scent. The implementation of these contents is seen as a major difficulty for Vietnam.

The current law stipulates that copyists with commercial purposes at a large scale would be subject to criminal proceedings. However, according to TPP commitments, violations without commercial purposes but causing big damages would also be penalized.

Le Ngoc Lam said that Vietnam needed to harmonize with international regulations. Therefore, the majority of the existing Law on Intellectual Property will be adjusted following TPP commitments.

If law enforcement capacity is not improved, other countries will not invest in or share knowledge with Vietnam. Vietnam needs to honor products with intelligence and change thinking to promote innovation.

  

Phuong Nguyen

Theo ven.vn