Question:
What are the similarities and differences in the level of intellectual property protection in the CPTPP and EVFTA?
Answer:
– Both the EVFTA and CPTPP have a high level of protection for intellectual property based on the WTO TRIPS Agreement.
– Regarding specific commitments, there are some key differences:
| EVFTA Agreement | CPTPP Agreement |
| – For patents, the agreement requires a compensatory mechanism, with the choice of compensation form and level left to the discretion of the parties, without any mandatory form.- For industrial designs, the minimum protection period is 15 years.- Geographical indications apply primarily to wine, spirits, agricultural products, and food. Vietnam commits to recognizing and protecting 169 geographical indications from the EU, mainly related to wine and food, while the EU recognizes and protects 39 geographical indications from Vietnam. | – Regarding patents, the commitment to compensate for the delay in processing pharmaceutical patent applications has been temporarily postponed.- For industrial designs, the protection period is 10 years.- Geographical indications are not required to be protected through a specific list as in the EVFTA. Instead, parties can protect geographical indications through a trademark system or their own system.- In terms of enforcement measures, the CPTPP requires criminal enforcement for certain intellectual property rights violations, while the EVFTA does not require criminal sanctions. |
