Seminar: Diffusion of Geographical Indication law in Vietnam: A Journey to the West
The topic of Geographical Indications (GIs) in Vietnam receives as little attention in policy circles as in academic discussions. Without joining the debate on whether GI protection is an effective tool for socio-economic development, we seek an original insight into how and why the law was brought into the country. In addition to relying on Watson and Twining’s theories to presuppose the transfer of law on GIs, this article will employ five mechanisms surveyed by Morin and Gold on how a government adopts IP rules that do not necessarily benefit the adopting country.
Once a peripheral topic on Vietnamese policymakers' radar, GIs have now been placed on the forefront due to the European Union-Vietnam Free Trade Agreement (EVFTA) entry into force in August 2020. The EVFTA differs from other FTAs in which Vietnam has participated because of its specific commitments on GIs. We concluded that divergence in institutional, legal, and political structures between the EU and Vietnam does not necessarily impede the legal transplantation of GIs. Unfortunately, the legal journey to the West does not guarantee enforcement success.
Van Anh Le: Departmental Lecturer in IP Law, Oxford
Nguyen Luong Sy, Lecturer in IP Law, Hue University of Law (Vietnam)
Pratyush Nath Upreti, Lecturer in IP Law, Queen's University Belfast.