Most-Favored-Nation Treatment for Intellectual Property Rights

19:52, 11/07/2024

Most-favored-nation treatment for intellectual property rights means treatment no less favorable than the treatment that Vietnam grants for the establishment, protection, and enforcement of intellectual property rights and all the benefits derived from those rights of organizations and individuals of one country as compared to organizations and individuals of a third country.

According to the provisions in the Ordinance on Most-Favored-Nation Treatment and National Treatment in International Trade 2002, most-favored-nation treatment for intellectual property rights is applied to all kinds of intellectual property rights protected by the State of Vietnam under Vietnamese law and international treaties to which Vietnam is a party, including:

- Copyright and related rights;- Industrial property rights for inventions, utility solutions, industrial designs, trademarks, geographical indications including appellations of origin, trade names, trade secrets, layout designs of integrated circuits, plant varieties;- Rights against unfair competition related to industrial property rights and other intellectual property rights.

In addition, the Ordinance also stipulates some exceptions to most-favored-nation treatment for intellectual property rights. To be specific, most-favored-nation treatment for intellectual property rights does not apply to:

- Exceptions to most-favored-nation treatment stipulated in international treaties to which Vietnam is a party;- Legal provisions or practical measures necessary to ensure the enforcement of intellectual property protection laws, including requirements for representation and transaction addresses in Vietnam for foreign entities related to administrative and judicial procedures.

These are provisions stipulated in Articles 13 and 14 of the Ordinance on Most-Favored-Nation Treatment and National Treatment in International Trade 2002 effective from September 1, 2002.

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