scholarly journals Challenges in Intellectual Property Policy in Vietnam Participating in the Eu-Vietnam Free Trade Agreement (EVFTA)

2021 ◽  
Vol 11 (3) ◽  
pp. 595-609
Author(s):  
Nguyen Duc Huu
Author(s):  
Sophie Di Francesco-Mayot ◽  
Bruce Wilson

The launch of negotiations for an EU-Australia 'free trade agreement' (FTA) on 18 June 2018 was a confirmation of a 'like-minded' strong partnership, in which both parties had high hopes for an ambitious agreement which would test the new wave of protectionism promoted by Donald Trump.Nonetheless, the initial rounds of negotiations revealed several issues which illustrate the scale of the challenge to be addressed. One such example was the issue of Geographical Indications (GI). The EU and its member states adopt an approach which is highly regulated and prescriptive to safeguard the authenticity of its produce and encourage rural development. Australia approaches this kind of intellectual property issue via a trademark system as well as a sui generis system to better capture the benefits of innovation. This paper analyses the challenges and opportunities an accord on GI's could have for both regions, as revealed in the context of the EU-Australia negotiations. The paper claims that while an agreement on GI's was a significant outcome for the overall FTA, the process adopted by the EU and Australia was in itself a reflection of the ambition for an amicable, dynamic and innovative negotiating process.


2018 ◽  
Vol 77 (1) ◽  
pp. 29-32
Author(s):  
Rumiana Yotova

ON 16 May 2017, the Court of Justice of the European Union (CJEU) delivered its Opinion 2/15 concerning the competence of the EU to conclude the Free Trade Agreement with Singapore (EUSFTA) (ECLI:EU:C:2017:376). The Opinion was requested by the Commission which argued, with the support of the European Parliament (EP), that the EU had exclusive competence to conclude the EUSFTA. The Council and 25 of the Member States countered that the EUSFTA should be concluded as a mixed agreement – that is, by the EU and each of its members – because some of its provisions fell under the shared competence of the organisation or the competence of the Member States alone.


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