Geographical Indications in Vietnam: Protection and Legal Issues

Abstract

Geographical indications (GIs) are means of identifying the source and denoting the quality and reputation of regionally distinct goods. (Kevin. M. Murphy (2003), ‘Conflict, Confusion, and Bias Under TRIPs Articles 22-24’, American University International Law Review, Volume 19, Issue 5/2003.) They contribute to enhancing the goods’ value, thereby generating profits for entrepreneurs and countries. Vietnam, a country with many agricultural and regional products, has been actively integrating with the world, typically by becoming a member of the WTO (World Trade Organization (Member List at, https://www.wto.org/english/thewto_e/whatis_e/tif_ e/org6_e.htm (accessed 04 May 2023))) and participating in agreements such as the European Union-Vietnam The Free Trade Agreement (EVFTA) (European Union-Vietnam Free Trade Agreement), https://taxation-customs.ec.europa.eu/system/files/2022-11/ EVFTA-guidance_0.pdf (accessed 04 May 2023) and the TRIPs (Agreement on Trade-Related Aspects of Intellectual Property Rights, https://www.wto.org/english/docs_e/legal_e/27-trips.pdf (accessed 04 May 2023)). To align its legal framework with international standards, Vietnam has amended and supplemented to its Intellectual Property (IP) Law of 2005 in 2009, 2019, and 2022, introducing new regulations on GIs. These changes have had a significant impact on the protection of GIs in Vietnam. With this in mind, we analyse the current GI protection provisions in Vietnam’s IP laws and assess their compatibility with the requirements in international agreements. We will also explore the influence of the GI protection provisions on the actual registration and utilization of GIs in Vietnam. Based on our findings, we have prepared recommendations to improve Vietnam’s regulations on GI protection and enhance the practical effectiveness of those GI protection measures. Geographical Indications, TRIPs Agreement, EVFTA Agreement, Vietnam Intellectual Property Law, Geographical Indication Protection, Vietnam, Agricultural products, Homonymous Geographical Indications