Vietnam stands out among nations for the rapid pace of its economic growth and development. In the mid-1980s, Vietnam was considered a developing country. However, it was reclassified as a middle-income country in 2010. Indeed its rapid pace of development has led to Vietnam being declared a “development success story.” New trade agreements that Vietnam enters into should be assessed for their impact, if any, on Vietnam’s ability to implement national intellectual property laws and policies suitable to its domestic conditions and which contribute to the nation’s continued social and economic development. This article will discuss the enforcement provisions found in Articles 18.71–18.76 of the intellectual property chapter of the Trans-Pacific Partnership (TPP) that were publicly available at the time of writing. After the United States withdrew from the TPP in January 2017, the remaining countries continued to negotiate a version of the TPP without the United States. In January 2018, the remaining TPP parties concluded an agreement called the Comprehensive and Progressive Agreement for TransPacific Partnership (CPTPP). While the CPTPP is expected to contain many similar or identical provisions as the TPP, some provisions have changed.
J. Janewa Osei-Tutu,
IP Enforcement under the TPP: Civil and Administrative Procedures and Remedies, Provisional Measures in TPP (Articles, 18.71-18.76)
, 20 SMU Sci. & Tech. L. Rev. 221
Available at: https://ecollections.law.fiu.edu/faculty_publications/393