Geographical Indications in European Union-Vietnam Free Trade Agreement (EVFTA): Challenges in Implementation

Abstract

Geographical indications (GIs) refer to signs or symbols used on products that have specific geographical origin and possess quality, reputation or distinctive characteristics linked to their place of origin. Hailed as an important tool to protect the living cultural and gastronomic heritage, GIs have been embraced with a long standing strong-form protection among European countries and have gained ground elsewhere around the world, especially in Asia-Pacific region. The European Union (EU) also asserts its entrenched pro-GI position by means of, among others, encompassing its internal benchmark of GI protection in a number of bilateral negotiations with Asian countries such as free trade agreements (FTA) with South Korea, Singapore and Vietnam. Finalized at the end of 2015, European Union-Vietnam Free Trade Agreement (EVFTA) has marked another successive glory of the EU in line with its strategy to globally transplant its notorious sui generis protection regime of GIs. As an agriculture-intensive country and the first developing partner in Asia that has concluded an agreement with the EU, Vietnam had explicitly recognized the prominence of GIs by establishing and enabling a thorough legal and policy framework for the protection of GIs. This thesis focuses on addressing the foreseeable obstacles encountered by Vietnam when it comes to implementation of GI mandates under EVFTA in light of the relevant domestic institutional framework on GIs and the enforcement thereof by public authorities and interested economic operators. It demonstrates that within the context of EVFTA, the stance of the EU as a bigger negotiating partner with a prominent say in GIs plays a vital role in framing the content of the GIs section. Conclusively, EVFTA has set a more ambitious standard of GI protection as against what is obligated under Vietnamese national legislation. As a result, Vietnam shall possibly need to take serious account of challenges in quality management of GI-denominated products so as to make in-time adaptations in both institutional and practical terms. In addition, possible pitfalls pertaining to business awareness of GI significance, small-scale GI product groups, technical assistance and GI product market entry are also envisaged.