On November 12, 2024, EuroCham’s Intellectual Property Rights Sector Committee (IPRSC) met with Mr. Laurent Lourdais, Deputy Head of Trade Section at the EU Delegation to Vietnam, to address pressing challenges within Vietnam’s intellectual property (IP) landscape. The meeting facilitated constructive dialogue on aligning Vietnam’s IP framework with international standards and exploring actionable solutions to existing issues.
Key Highlights from the Meeting
1. Inconsistent Enforcement of IP Rights
Participants highlighted the uneven enforcement of IP rights across Vietnam. Urban areas like Hanoi and Ho Chi Minh City benefit from better resources, while rural regions face significant enforcement gaps, creating vulnerabilities for rights holders. This disparity undermines the consistency and effectiveness of IP protection.
2. Online IP Violations
The rapid expansion of e-commerce platforms such as Shopee and Facebook has led to a surge in counterfeiting and piracy. While takedown mechanisms exist, participants noted inefficiencies and limited enforcement support, which exacerbate the issue.
3. Judicial and Administrative Delays
Delays in court and administrative processes were flagged as a major concern. Procedural backlogs and a shortage of IP-specialised judges prolong enforcement actions, often enabling infringing activities to continue. Weak penalties further fail to deter counterfeiters, who face minimal risks compared to their profits.
4. Geographical Indications (GIs) and Other Challenges
Inconsistent enforcement of GIs under the EU-Vietnam Free Trade Agreement (EVFTA) was discussed as a significant issue. Additional concerns included delayed patent processing due to resource constraints, complexities in trademark and copyright enforcement, and misalignment with WHO guidelines on antibiotic classification, affecting international trade.
5. Recommendations and Collaborative Outcomes
Stakeholders proposed several key recommendations, including:
- Strengthening Enforcement Mechanisms: Introducing clearer procedural guidelines and stronger penalties to deter infringements.
- Streamlining Online Protections: Enhancing takedown mechanisms for e-commerce platforms to combat counterfeiting effectively.
- Improving Administrative Efficiency: Expanding resources and expertise to reduce procedural delays in IP enforcement.
- Fostering Awareness: Promoting public understanding of IP rights to support compliance and enforcement efforts.
The meeting concluded with a shared commitment to closer collaboration between the EU Delegation and Vietnamese authorities. Strengthening enforcement mechanisms and fostering awareness were identified as essential next steps to safeguard the interests of businesses and consumers in Vietnam.
