What types of intellectual property rights does most-favored nation treatment apply to?
According to Article 13 of the 2002 Ordinance on Most Favored Nation Treatment and National Treatment in International Trade, it is stipulated as follows:
“Scope of application of Most Favored Nation Treatment for intellectual property rights
Most-favored nation treatment for intellectual property rights applies to all types of intellectual property rights protected by the State of Vietnam according to Vietnamese law and international treaties that Vietnam has signed or acceded to, including:
1. Copyright and related rights;
2. Industrial property rights to inventions, utility solutions, industrial designs, trademarks, geographical indications including names of origin of goods, trade names, business secrets, layout design of integrated circuits, plant varieties;
3. Illegal anti-competition rights related to industrial property rights and other intellectual property rights.”
According to the above regulations, Most Favored Nation treatment for intellectual property rights applies to all types of intellectual property rights protected by the State of Vietnam according to Vietnamese law and international treaties to which Vietnam signing or joining includes:
- Copyright and related rights;
- Industrial property rights over inventions, utility solutions, industrial designs, trademarks, geographical indications including names of origin of goods, trade names, business secrets, designs integrated circuit layout design, plant varieties;
- Illegal anti-competition rights related to industrial property rights and other intellectual property rights.
Note: According to Article 6 of the 2002 Ordinance on Most Favored Nation Treatment and National Treatment in International Trade, the State of Vietnam only applies Most Favored Nation Treatment to intellectual property rights in the following cases: after:
- Vietnamese law has regulations on the application of Most Favored Nation Treatment;
- International treaties that Vietnam has signed or acceded to have provisions for most-favored nation treatment;
- The country or territory has in fact applied Most Favored Nation treatment to Vietnam;
- Other cases decided by the Government.