THE IMPACT OF INTELLECTUAL PROPERTY CHAPTER UNDER THE COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP ON VIETNAM PHARMACEUTICAL MARKET

Аннотация

INTRODUCTION and commitments. First, the CPTPP provides a The CPTPP Agreement officially took effect on comprehensive market approach through tariff December 30, 2018, for the first six countries to reduction and removing non-tariff barriers for all complete the ratifying procedures, including goods, services, and investments, creating Mexico, Japan, Singapore, Canada, Australia, and favorable conditions for businesses and society. New Zealand. For Vietnam, the CPTPP Agreement Second, the regional approach to making officially took effect on January 14, 2019 . commitments facilitates the development of CPTPP covers essential areas such as trade in production and supply chains, promoting trade goods and services and issues related to state- continuity, strengthening regional cooperation, owned enterprises, competition law and policy, and cross-border integration. Third, the environmental cooperation, labor, dispute Agreement has solved the problems the digital resolution, and intellectual property. Regarding economy faces because of the enormous role of other Free Trade Agreements, the CPTPP has state-owned enterprises. Fourth, trade is many differences, including strict requirements inclusive, the CPTPP includes new elements to https://www.theamericanjournals.com/index.php/tajssei 186 THE USA JOURNALS THE AMERICAN JOURNAL OF SOCIAL SCIENCE AND EDUCATION INNOVATIONS (ISSN- 2689-100X) VOLUME 06 ISSUE05 ensure that economies of all levels of a clear, transparent and efficient system of filing development and businesses of all sizes can and registering patents and trademarks; (v) benefit from trade. The Agreement also includes Promoting the development and access of new specific commitments to developing and and conventional drugs; (vi) Developing and enhancing trade capacity to ensure that all Parties creating institutions for digital technology, can meet their obligations in the Agreement and including creative content; (vii) Prevent the take full advantage of its benefits. Finally, the expansion of geographical indication protection, CPTPP is the foundation for regional integration - take measures to protect the rights of pre-existing the premise of Asia-Pacific integration. trademark owners, and regulate the everyday use of the concept. The existing members of CPTPP The Intellectual Property Chapter under the have agreed to suspend some commitments CPTPP Agreement under the IP chapter, allowing members more TPP or CPTPP negotiations are based on all time to prepare. The CPTPP Agreement indeed members' equal status. However, the options shall have many advantages for economic growth. proposed in each chapter of the TPP always show It not only improves legal protections for firms the imprint and impact of some proposed and individuals doing business but also protects members. Chapter 18 of TPP on intellectual the welfare of customers. However, there will be property (led and pursued by the United States several problems once the IP chapter is enforced. during the negotiation process) has recognized Subjects of new invention protection under the policy of deep and wide protection of the commitments of the CPTPP Agreement intellectual property objects compared to TRIPS and other free trade agreements intertwining Chapter 18 of the CPTPP Agreement establishes a among the members of TPP. The achievements of new protection regime, which is assessed to be the United States in Chapter 18 shall increase much higher than the current level of protection exports of goods and public value for United recognized in The Agreement on Trade-Related States labor. The protection aims to provide Aspects of Intellectual Property Rights (Herein standards and high enforcement of intellectual referred to as “TRIPS” or “TRIPS Agreement”) as property rights throughout the region. This also well as the Intellectual Property Law of Vietnam. invisibly represents the creative and Unambiguously, Chapter 18 of the CPTPP technological advantage of the United States. The Agreement recognizes the general agreements of standards of protection do not affect or change countries in the field of patent protection, the laws of the United States, but they including provisions on the scope of objects to be considerably affect other members, especially protected, adjusting the term of patents, and developing members like Vietnam. protection of test data. In this chapter, the provision that expands the scope of the subject of Overall, the TPP defines a policy to protect patent protection is considered to have a intellectual property rights to (i) Promote great substantial impact on Vietnam's patent protection protectionism and a balance between system. Article 18.37.2 of the IP chapter has stated protectionism and rights enforcement; (ii) that: Promote products containing intellectual property rights; (iii) Focus on common “Subject to paragraphs 3 and 4 and consistent infringements such as counterfeit goods, with paragraph 1, each Party confirms that ap