Protection of geographical indications in the European Union-Vietnam Free Trade Agreement: Solutions for the effectiveness of enforcement
Absztrakt
In 2020, the European Union - Vietnam Free Trade Agreement (EVFTA) came into effect which is considered the largest new-generation free trade agreement in terms of direct benefits for Vietnam. The EVFTA is a comprehensive agreement that regulates many different aspects with a deep commitment to protection, including intellectual property (IP). One of the substantial commitments in EVFTA is geographical indications (GIs) because the EU sets its standards to be higher or different from those specified in applicable Vietnamese. In this context, the legal gaps must be addressed to ensure that national laws and regulations comply with Vietnam’s obligations under EVFTA. This also poses Vietnam to take into consideration the effectiveness of enforcement mechanisms to fulfill its commitments. This thesis provides an analysis of the legal gap assessment of Vietnamese intellectual property regulations on GIs. Based on that, the thesis suggests some recommendations to enhance IP law enforcement to meet commitments on GIs protection in EVFTA.