Date: 14-02-2019 by: Banca IP Law Firm
How Vietnam’s involvement in CPTPP affect the current IP law system? (3)
(Industrial designs & Copyrights)
1, Industrial design
CPTPP stipulates following commitments with regards to industrial design protection:
- It requires country members to fully and effectively protect industrial designs, including those shown in part of a product or part of a product within the entire product. However, the requirement must be entitled to comply with WTO rules on this issue.
- It encourages efforts to strengthen industrial designs protection and improve quality & efficiency of the industrial design registration mechanism.
When it comes to phonogram, the CPTPP stipulates that there is no hierarchy between copyright and related rights. If authorisation is needed from both the author of the original work and a performer or producer of that work, Article 18.61, of the CPTPP requires authorisation from each party. This regulation is compatible with the multilateral standard under the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty (WPPT). The CPTPP and the EVFTA require Vietnam to be a WPPT member for a certain period, and Vietnam will need to follow WPPT standards.
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