In negotiation rounds of the Trans-Pacific Partnership (TPP) Agreement, intellectual property was always an issue of concern and negotiators for Vietnam had strict requirements. Since the Law on Intellectual Property was adopted and took effect in 2006, the Government has drastically embarked on this issue. However, efforts by authorities seem to be ineffective when high violations are rampant.
Mr Tran Quoc Khanh, Deputy Minister of Industry and Trade, said that the TPP sets higher standards of intellectual property rights protection, particularly for pharmaceuticals. Besides, other countries need effective enforcement mechanisms for intellectual property rights protection on their territories, even in frontier areas or in the Internet environment. In particular, it is essential to include provisions on criminal penalties for intellectual property rights infringements and on damages to intellectual property rights owners. This approach goes beyond the WTO approach (criminal measures are only taken when infringement is found to violate on a commercial scale and gain illicit benefits).
TPP also requires signatory countries to criminalise some newly emerged forms of intellectual property rights infringements such as software designing, hacking TV service or software piracy.
"Vietnam agrees with TPP standards but it will implement its commitments according to a roadmap, its development level and enforcement capacity of Vietnam," he added.
Minister of Science and Technology Nguyen Quan said intellectual property rights infringements in Vietnam are now only being handled by administrative sanctions. But, after joining the TPP, such violations may be criminalised. Depending on the severity of violations, violators will be imposed administrative measures, warning and imprisonment. As a result, companies found intellectual property rights infringements will stand on the brink of bankruptcy.
Dr Nguyen Mai, Chairman of the Association of Foreign Invested Enterprises, thought that Vietnam will be difficult to access foreign capital sources if it does not tackle intellectual property rights infringements seriously after it enters the TPP. Furthermore, intellectual property rights protection also stimulates inventions and patents in the country. This is also a major step to protect inventions and patents.
Related regulations will help enterprises to look up, register and protect their intellectual property rights in new markets easily and this is very necessary for small businesses, said Deputy Minister Khanh.
Many experts fear that intellectual property rights disputes may surge after the TPP. Which agency will stand out to arbitrate and protect rights of enterprises? In fact, Vietnam has been established intellectual property rights but the enforcement system is weak. The system of policies and laws is incomplete. The inspector and assessor force is thin. Disputes of trademarks and industrial designs are not handled by specialised courts while civil courts do not have judges expert in intellectual property rights. Although the Ministry of Science and Technology has suggested many qualified organisations and individuals to undertake assessment, only Intellectual Property Science Institute takes on this work.
Huong Giang
Vietnamese
