REGULATIONS ON PLANT VARIETIES PROTECTION IN CPTPP AND EVFTA - VIETNAM’S CHALLENGES IN IMPLEMENTATION

Nguyễn Thái Cường

TS, Khoa Luật Dân sự, Trường Đại học Luật TP.HCM (Emai: This email address is being protected from spambots. You need JavaScript enabled to view it.)

Nguyễn Thiện Tâm

Cao học Luật Dân sự và Tố tụng Dân sự khóa 34, Trường Đại học Luật TP.HCM (Email: This email address is being protected from spambots. You need JavaScript enabled to view it.)

EVFTA is a free trade agreement between Vietnam and EU member states. On June 8, 2018, the National Assembly of Vietnam ratified the EVFTA. The agreement took effect on August 1, 2020. CPTPP is a new generation free trade agreement. In 2009, Vietnam joined the TPP as a special observer. After three rounds of negotiations, Vietnam officially joined this agreement. In November 2017, in Da Nang, TPP members agreed to rename the TPP into CPTPP. The participation in these two agreements contributes to the establishment of equal partnerships, which is a major step forward in the progress of proactive international economic integration. However, the accession to these agreements faces many difficulties and challenges, the flexibility to conform to the Agreements is also quite limited, especially the implementation of commitments on protection of rights to plant varieties. The article is going to analyze the provisions and commitments on protection of rights to plant varieties in the EVFTA and CPTPP, pointing out some challenges for Vietnam, thereby offering a number of solutions to help Vietnam improve its efficiency when implementing the commitments in these two agreements.

Keywords: EVFTA, CPTPP, Vietnam, Protection of Rights to Plant Varieties, Intellectual Property Law, New Generation Free Trade Agreement, FTA

 

 

Rosa-Luxemburg-Stiftung itself is a Centre for international dialogues, political exchange and political education and is one of 6 German political foundations.

We are affiliated to the German Party “DIE LINKE” – The Left – The socialist party – The communist party in Germany.