Viet Nam – Japan Economic Partnership Agreement (IP provisions) was adopted on December 25, 2008 at Tokyo and came into force on October 1, 2009. The scope of regulation is competition, enforcement of IP and Related Laws, Geographical indications, Industrial Designs, Industrial Property, Layout Designs of Integrated Circuits, Patents (Inventions), Trade Names, Trademarks, Undisclosed Information (Trade Secrets). Provisions on Intellectual property was defined on Articles 1(b), 43.1 and Chapter 9. Chapter 9 comprises 20 articles defines that the parties shall grant and ensure adequate, effective, and non – discriminatory protection of intellectual property rights. IP provisions facilitate and protect for activities of IP, promote efficiency and transparency in the administration of intellectual property protection system and against infringement, counterfeiting and piracy.

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Viet Nam – Japan Economic Partnership Agreement (IP provisions)

Agreement between the Government of the Socialist Republic of Vietnam and the Swiss Federal Council on the Protection of Intellectual Property and on Co-operation in the Field of Intellectual Property was adopted on 6 and 7 July 1993. The Agreement comprises 9 articles and 2 Annex providing for an effective and adequate protection of Intellectual Property Rights (IP), reducing impediments to trade. Ensuring the measures and procedures to enforce IP is based on concrete provisions on this Agreement. That is two basic regulations “MFN – Most Favorite Nation” and “NT – National treatment” and others regulation such as: Level of Protection (Article 3),  Dispute Prevention and Settlement (Article 6), Co-operation ( Article 7)…

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Agreement between the Government of the Socialist Republic of Vietnam and the Swiss Federal Council on the Protection of Intellectual Property and on Co-operation in the Field of Intellectual Property

Agreement between Viet Nam and the United States on Science and Technology Cooperation was signed on June 24, 2005. This Agreement consists of 12 articles and 2 Annex (A and B). Issues on Intellectual Property Rights (IP) are defined in Articles V.2 and particularised in Annex A. The goal of regulations on IP is to protect legitimate activities regarding IP and facilitate for the development of that field. Intellectual property under the Agreement shall be governed by Annex A which constitutes an integral part of the Agreement. Annex A “Intellectual property” includes 4 sections: scope, allocation of rights, settlement of disputes, business – confidential information. All the parties shall ensure adequate and effective protection of intellectual property created or furnished under cooperative activities of this Agreement.

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Vietnam – U.S. Bilateral Trade Agreement (BTA) signed on July, 2000. The BTA is a result of making efforts by both parties over 4 years of negotiations and  a key step in the historic reconciliation between the United States and Vietnam. This is important foundation for Viet Nam to take part in the World Trade Organization (WTO) and boost the process of integration. The Viet Nam – US BTA is composed of 4 parts with over 100 pages: market access, trade in services, intellectual property rights, and investment. Viet Nam made a comprehensive commitment in many fields like goods, services, IP. In the part Intellectual property rights, Viet Nam has plead to phase in WTO Agreement on Trade – Related Intellectual Property Rights (TRIPS) over 18 months and and take further measures in several other areas such as protection of satellite signals.. The Bilateral TRIPS agreement goes above and beyond the WTO.

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The ASEAN-Japan Comprehensive Economic Partnership (AJCEP) was signed in April 2008. AJCEP shows a effective and intensive cooperation between a regional organisation in Southeast Asia – ASEAN and a developed country – Japan. This Agreement consists of trade in goods, trade in services, investment, and economic cooperation. Major provisions govern elimination of tariff rates on tariff lines and trade value for goods in the Normal Track, Rules of Origin (ROO) which allows regional cumulation of inputs, Dispute settlement mechanism, Trade in services agreement (currently being negotiated), Investment agreement (currently being negotiated).

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ASEAN Economic Community Blueprint (AEC 2025) was adopted at the 27^th ASEAN Summit on 22 November 2015 in Kula Lumpur, Malaysia by the ASEAN leaders. AEC 2025 gives broad orientations for the development of ASEAN from 2016 to 2025. The AEC Blueprint 2025 is aimed toward obtaining the vision of having an AEC 2025 that is highly integrated and cohesive competitive, innovative and dynamic, integrated with the global economy. AEC 2025 comprises 5 parts which are interrelated and mutually reinforcing, respectively: (Section A) A highly Integrated and Cohesive Economy; (Section B) A Competitive, Innovative, and Dynamic ASEAN; (Section C) Enhanced Connectivity and Sectoral Cooperation; (Section D) A Resilient, Inclusive, People-Oriented, and People-Centred ASEAN; and (Section E) A Global ASEAN.

Issues on Intellectual Property Rights (IP) are defined in section B.3 which is named: “Strengthening intellectual property rights cooperation”. ASEAN recognizes the important role of IP in contributing to the achievement of national and regional socio – economic development goals. The priority task is protecting IP to facilitate and stimulate innovation and creativity in ASEAN.

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AEC Blueprint
2025

Agreement establishing the ASEAN-Australia-Newzealand Free Trade Area (AANZFTA) started negotiating in 2005 and came in force for all countries in 2012. The AANZFTA is the first comprehensive FTA signed by ASEAN. Issues on Intellectual property right are defined in Chapter 13 including 12 articles. This chapter regulates intellectual property rights composed of copyright and related rights; rights in trademarks, geographical indications, industrial designs, patents, and layout-designs (topographies) of integrated circuits; rights in plant varieties; and rights in undisclosed information; as referred to in the TRIPS Agreement. Moreover, this chapter defines basic regulations National Treatment, transparency etc. All the rights and obligations are affirmed bye parties under the TRIPS Agreement.

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ASEAN Framework Agreement on Intellectual Property Cooperation was adopted on December 15, 1995 at Bangkok but not yet in force. Subject matter in this Agreement is Alternative Dispute Resolution (ADR), Copyright and related rights (Neighboring rights), Enforcement of IP and related laws, Geographical indication, Industrial designs, Layout designs of Integrated circuits, Patent (inventions), Trademarks, Undisclosed information (Trade secrets). The Agreement emphasizes the important of Intellectual property rights in the conduct of trade and the flow of investment among the Member States of ASEAN. Furthermore, the Agreement promotes closer cooperation and understanding among the countries in the region.

For the full text of the ASEAN Framework Agreement on Intellectual Property Cooperation, please click here.

International Convention for the Protection of New Varieties of Plants (UPOV) was adopted on December 2, 1961 including 37 articles  and came into force on August 10, 1968.

The purpose of this Convention is to ensure that the members of Union acknowledge the achievements of breeders of new varieties of plants, by granting them an intellectual property right, on the basic of a set of clearly defined principles.

The object of this Convention is protection of new varieties of plant by an intellectual property right. The UPOV Convention provides a form of intellectual property protection which has been specifically adapted for the process of plant breeding and has been developed with the aim of encouraging breeders to develop new varieties of plants.

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http://www.wipo.int/edocs/lexdocs/treaties/en/upov/trt_upov_3.pdf

WIPO Performances and Phonograms Treaty (WPPT) was adopted in Geneva on December 20, 1996 including 5 chapters and 33 articles. The treaty emphasizes the need to maintain a balance between the rights of performers and producers of phonograms and the larger public interest, particularly education, research and access to information. The WPPT deals with the rights of two kinds of beneficiaries. The first one is performers (such as actors, singers…); and the second one producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds). The Treaty grants performers and producers economic rights in their phonograms. WPPT entered into force in 2002.

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http://www.wipo.int/edocs/lexdocs/treaties/en/wppt/trt_wppt_001en.pdf

WIPO Copyright Treaty (WCT) was adopted in Geneva on December 20, 1996 consisting 25 articles. The aim of WCT is to develop and maintain the protection of  the rights of authors in their literacy and artistic works in a manner as effective and uniform as possible. The WCT is a special agreement under the Bern Convention regulating issue on protecting of works and the right of their authors in the digital environment. The relation between Bern Convention (1886) and Paris Convention (1971) is that any contracting party bound or not not bound by the Bern Convention must adhere to the substantive provisions of the 1971 (Paris) Act of the Bern Convention (1886).

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http://www.wipo.int/edocs/lexdocs/treaties/en/wct/trt_wct_001en.pdf

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations was passed on October 26, 1961 at Rome. The Rome Convention includes 34 articles secures protection in performances for performer in phonograms for producers of phonograms and in broadcasts for broadcasting organizations. This Convention was built to respond to new technologies like tape recorders which is existing as a new circumstance of representing ideas.  The limitations of Rome Convention is private use, use of short excerpts for reporting events, for teaching purposes or scientific research. This Convention is open to States party to the Berne Convention for the Protection of Literary and Artistic Works (1886) or to the Universal Copyright Convention.

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http://www.wipo.int/edocs/lexdocs/treaties/en/rome/trt_rome_001en.pdf

Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite was passed on May 21, 1974 at Brussels. Brussels comprises 12 articles providing for the obligation of each Contracting State to take adequate measures to prevent the unauthorized distribution on or from its territory of any programme-carrying signal transmitted by satellite.

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http://www.wipo.int/edocs/lexdocs/treaties/en/brussels/trt_brussels_001en.pdf

Bern Convention for the Protection of Literacy and Artistic Works was adopted on September 9, 1886 and came into force in December, 1887. The Bern Convention is composed of 38 articles regulating issues on protecting of literary and artistic works and an appendix. This Convention deal with the protection of works and the rights of their authors. Bern Convention spends concession for developing countries that want to make use of it throughout the appendix “ Special provisions regarding developing countries” which consists of 6 articles.

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http://www.wipo.int/treaties/en/text.jsp?file_id=283698

Hague Agreement Concerning the International Registration of Industrial Designs was adopted in July 2, 1999. The object relate to this Agreement is Industrial designs. Hague Agreement established an international system that is a crucial foundation to protect industrial designs in multiple countries with minial fomarlities. The provisions of this Act regulates procedure of registering industrial designs and other provisions in final chapter relate to become party to this Act or make ratification and accession, declaration of contracting parties, denunciation, language. Hague Agreement was divided into 4 chapters and 34 articles.

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