Source: Vietnambiz.vn
Table of Contents
Geographical indication
Geographical Indications, simply understood as indications about products originating from a certain area or territory, and are a protected object. intellectual property (IP).
For the Vietnamese fruit and vegetable industry, the commitment to geographical indications is very strong Italy means for local vegetables and fruits that Vietnam has strengths (such as Luc Ngan thieu litchi, Doan Hung grapefruit, Hoa Loc mango, Binh Thuan dragon fruit …).
Commitment to geographical indications in the CPTPP has two notable contents Italy after
Regarding the protection mechanism: CPTPP countries can choose to protect geographical indications according to their own mechanism or to protect them according to the common mechanism with trade marks.
In fact, Vietnam has been protecting geographical indications according to its own mechanism, not coinciding with the mechanism of protection of trade marks.
Regarding the right of priority: Where there is a trademark identical or similar to a geographical indication but the trademark is protected in advance (has been registered before or has become well known), even though the geographical indication is still protected. protection, but the rights of the trademark owner take precedence.
Save Italy on the protection of geographical indications of Vietnamese fruits and vegetables in CPTPP countries
The number of geographical indications that Vietnam has registered for protection is too small compared to registered trade marks. Therefore, the possibility that a geographical indication, although fully satisfying the conditions for protection, is identical or similar to a previously registered trademark, may be very large.
In this case, although communities that own the geographical indication still have certain protected rights, it is limited and subject to the prescribed conditions.
Therefore, Vietnamese fruit and vegetable producers and exporters will need to save them especially Italy to commitments on geographical indications in the CPTPP in order to best protect their related interests, to avoid the case of foreign enterprises having registered for trademark protection first and losing the right to use geographical indications for its specialty products.
Data monopoly on agrochemicals
Agricultural chemical products are products containing chemicals for agriculture, such as pesticides, veterinary drugs, fertilizer, various types of cleaning chemicals for barns … Growing in general and growing vegetables in particular is an area that uses a lot of agricultural chemicals.
The most distinctive IP commitment in the CPTPP for agricultural chemical products is the commitment to the term of protection for test results and other data on the safety and effectiveness of agricultural chemical products that have not been disclosed – also known as “Monopoly data” when registering for circulation of agricultural chemicals.
This commitment includes the following basic contents:
If an applicant for a marketing authorization of a new agrochemical must provide test results or other, unpublished data on the safety and efficacy of the product, within 10 years thereafter, the agency An authorization shall not rely upon this information to allow others to circulate similar or similar agrochemicals unless the person who provided the same information. Italy.
The same undertakes are with the case of licensing the circulation of agricultural chemicals based on evidence that they have been licensed for sale in foreign markets.
In addition, in bilateral letters with partners, regarding this commitment, CPTPP member countries will not sue Vietnam according to the CPTPP’s government-level dispute settlement mechanism (the mechanism outlined in Chapter 28 CPTPP ) within 5 years after the 5th year from the date of entry into force of the CPTPP Agreement.
In other words, Vietnam has 10 years to prepare for the implementation of this obligation.
Commitment to data monopoly on agrochemicals could lead to a number of notable effects Italy:
This creates a huge advantage for subjects who first submit test data when they register for agrochemical registration (because, within the next 10 years, no one can automatically use the test data again though possible. the test data is public, trustworthy, and the retesting only gives similar results).
Restricting the ability to register for circulation with similar products, thereby making the price of agro-chemical less likely to decrease (due to less competition).
