Ensuring the internalization of intellectual property commitments in the way that is most beneficial to the business

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Ms. Nguyen Thi Thu Trang, Director of the Center for WTO and Integration, Vietnam Confederation of Trade and Industry (VCCI).

Could you tell us some key features of IP commitments in the new generation FTAs ​​that Vietnam has joined?

In the FTAs ​​that Vietnam has signed in the past few years, IP commitments are the group that most clearly shows the "high standard" and "high quality" nature of the new generation FTAs.

Of course, the specific commitments on IP in each FTA are not exactly the same, because the content of the commitments depends a lot on the negotiation results between the partners under each agreement. These commitments reflect a relatively uniform global trend in this area. Therefore, the IP Chapter in the FTAs ​​that Vietnam has joined includes two main groups of commitments, with nearly similar commitments.

The first is a group of commitments on protection standards for each type of IP property (such as copyright and related rights, inventions, industrial designs). The general orientation is to raise the level of protection for owners of intellectual property (in terms of the protection period, protection method, etc.), reduce or simplify the conditions to be protected to make the registration procedures transparent and electronic in order to be recognized and protected.

The second is a group of commitments on the implementation of IPR rights. This group includes measures to strengthen the effectiveness of IPR protection mechanisms, requiring regulatory authorities (e.g. border customs offices, courts, etc.) to actively protect rights holders and be more active and proactive in dealing with violations.

In addition, this group also has provisions to strengthen handling measures for some acts of IPR infringement (additional criminal cases, detailing methods of handling IP infringing products).

In your opinion, what opportunities and challenges will such commitments bring to Vietnamese businesses?

Most of the commitments are aimed at increasing rights, creating conditions for rights protection and enhancing the efficiency of IPR enforcement of rights holders, it is clear which enterprises are the owners or are associated with the owners of IP assets are speculated to be more profitable.

On the contrary, businesses that buy, sell, import and use IP products will have to be more careful, pay attention to comply with IP regulations, avoid violations that can lead to damage.

Currently, the majority of Vietnamese enterprises are in the group of mainly buying and using IP assets. The cost of complying with higher IP standards will be challenging for this group. For example, for a textile business, copyrighted software programs for cutting, sewing, printing, spraying, etc. will be significantly more expensive than "using without IP" software.

From another angle, it is possible that these businesses will benefit when they are the owners of the product brands, industrial designs, literary and artistic products, entertainment that they do business. These assets of the enterprise will be better protected under the new mechanisms, thereby benefiting the business.

Especially for businesses that are more specialized in fields related to IP, such as those in the fields of technology and creativity, the new effective and favorable protection mechanism will give them peace of mind in pursuing long-term plans.

What does the business community need to do to meet IP commitments in FTAs? How can the State agencies support them in this?

FTA commitments will be gradually internalized into Vietnamese law according to the roadmap. Therefore, the simplest and most effective way for Vietnamese businesses is to pay attention to the relevant IP laws whenever they have any activities related to IP assets.

If it is the IP assets of the enterprise, we need to know the regulations to make the most of the mechanisms to protect those assets. If they are assets that businesses buy or use, they need to learn the regulations to comply properly, accept the necessary costs, and avoid legal risks caused by violations.

In addition, the authorities need to support businesses in enforcement, especially from the perspective of compliance costs. When internalizing commitments, especially commitments that require high compliance costs, agencies doing this work need to carefully consider and choose how to ensure the commitment that is most beneficial, the most reasonable for Vietnamese businesses and entities, especially from the perspective of IP asset users.

In addition, the authorities need to strengthen propaganda and dissemination to businesses and people so that they know the new regulations and comply, minimizing violations.

At the same time, the procedures for registration of IP rights need to be reformed so that enterprises with IP assets can easily be protected, through which the State can better protect their assets, giving businesses peace of mind to create, trade and develop.

Thank you very much!