Due to significant changes to the intellectual property (IP) landscape, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) indeed poses major challenges to Vietnam in implementing its obligations. Most of the obligations aim to enhance protection for IP proprietors. This will have a particular impact on the life science sectors, benefitting foreign pharmaceutical and agrochemical companies but reducing opportunities, at least in the short-term, for Vietnamese companies.

The market for ­pharmaceuticals in Vietnam is developing rapidly, in step with the country’s growing and aging population, rising per capita income, and increasing awareness of foreign ­brand-name drugs, which many ­Vietnamese consumers consider to be more reliable than generics and local brands. ­Naturally, Vietnam has ­become an attractive ­investment ­destination for ­foreign pharmaceutical companies eager to ­target new ­customers.

Tilleke & Gibbins has contributed to the 2019 edition of the Franchising Global Guide , a Practical Law Company publication that provides an overview of franchising around the world. The Myanmar chapter of the guide was written by Yuwadee Thean-ngarm, director of Tilleke & Gibbins’ Yangon office, and Sher Hann Chua, a consultant in the firm’s Bangkok and Yangon offices.

The possibility of invalidating a patent is clearly set out in Vietnam’s intellectual property laws. Historically, however, although thousands of patents are granted each year in Vietnam, the number of requests for invalidation has been extremely small.