Minutes - TRIPS Council - View details of the intervention/statement

Ambassador Gail Mathurin (Jamaica)
United States of America
B.i (i) Follow-up to the review of legislation of Viet Nam
17. The representative of the United States recognized the considerable progress that Viet Nam had made over the last few years in the area of intellectual property rights as part of its efforts to join the WTO. It had overhauled its IPR legal framework in an attempt to meet modern standards for IPR protection and enforcement. He noted the recent completion and passage of the criminal circular intended to implement Viet Nam's WTO commitments, particularly its TRIPS obligation to provide for criminal procedures and penalties for wilful trademark counterfeiting and copyright piracy on a commercial scale. He appreciated the opportunity that the United States had had to engage with Viet Nam throughout the drafting process. He said that, although the circular successfully addressed certain gaps in the Criminal Code, notably in the area of copyright protection, there remained questions in particular regarding the extent to which it addressed wilful trademark counterfeiting on a commercial scale. He said that the United States would welcome further clarification of Viet Nam's view on how the circular captured wilful trademark counterfeiting on a commercial scale. He understood that Viet Nam was in the process of amending its Criminal Code. He said that he would also like to receive further information in due course on a timeframe for the completion of the Criminal Code amendment and the relationship between the criminal circular and the forthcoming amendment of the Criminal Code. He looked forward to studying the responses that Viet Nam had provided to the US questions. Finally, he thanked Viet Nam for its efforts and participation in the review.