At an informal meeting of representatives
from 11 countries (without US) taking place on the Asia-Pacific Economic
Cooperation (APEC) dated on November 10th, 2017, the parties agreed to change
from Trans-Pacific Partnership Agreement (TPP) to the Comprehensive and
Progressive Partnership for Trans-Pacific Partnership (CPTPP).
Accordingly,
the CPTPP contains 8,000 pages of documents, but only 20 articles of the TPP
agreement, including 10 articles related to intellectual property (IP) and 4
points are reserved for the parties to negotiate in next time. Each member will
list its delimited list of restrictions of their country.
According
to the Vietnam Minister of Industry and Trade, CPTPP still guarantees a quality
agreement like TPP-12, while ensuring new equilibria for member countries. The
content of the CPTPP is not only about trade, investment, but also on
intellectual property (albeit temporarily postponed) and other broad areas.
With
CPTPP, Vietnam may not be the most beneficiary country like the proposed TPP,
but it is still very important, because it brings together many of the criteria
associated with reform, particularly institutional reform, improving the
investment climate, business.
Vietnam
law on Intellectual Properties will need to be amended because the legal system
of Vietnam’s IP is not consistent with the legal system of developed
countries. The Law on Intellectual Property of Vietnam, after many
proposals, has not yet been approved by the National Assembly. Meanwhile, the
amended Law on Technology Transfer, though approved in June 2017, still lacks
specific guidelines on technology transfer.
Intellectual property rights in the TPP not only contain general provisions and requirements
relating to areas of cooperation, patents, test data, designs, trademarks,
geographical indications or copyright but also focuses on the legal enforcement
of this right by nations.
The
CPTPP is based on agreed commitments at the TPP, which are particularly
important in paving the way for Vietnamese goods to penetrate into the members’
markets.
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