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During the early months of 2019, the Vietnam IP field enjoyed a rare burst of public attention. First there was the wide reaction to the IP changes ushered in by CPTPP, which took effect on 14 January 2019. Then the spotlight moved to two high-profile copyright lawsuits related to derivative works, when the People’s Court of Ho Chi Minh City’s District 1 returned a verdict in a 12-year-old case on 18 February 2019, and the People’s Court of Hanoi issued its decision on a similar case on 20 March 2019.
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.