HOÀN THIỆN QUY ĐỊNH VỀ TỘI XÂM PHẠM QUYỀN SỞ HỮU CÔNG NGHIỆP THEO CAM KẾT TRONG HIỆP ĐỊNH ĐỐI TÁC TOÀN DIỆN VÀ TIẾN BỘ XUYÊN THÁI BÌNH DƯƠNG (CPTPP)

Abstract

In the new generation trade agreements that Vietnam has joined related to intellectual property rights, the CPTPP is considered as one of the agreements with many commitments with high requirements on protection and enforcement of intellectual property rights, particularly with respect to objects of industrial property rights. This poses huge legal challenges for some countries that do not have a complete legal system to protect and enforce intellectual property rights, including Vietnam. Therefore, with the desire to contribute to perfecting the legal system on the protection and enforcement of industrial property rights, within the scope of this article, the author would like to study the requirements in the CPTPP Agreement on the enforcement of industrial property rights by criminal means. On that basis, the study will also analyze and evaluate the compatibility of the current Vietnamese criminal code provisions with the provisions of this agreement. From there, the article will also offer a number of solutions to improve Vietnam's criminal law on infringement of industrial property rights, to ensure compatibility, in accordance with the requirements of the CPTPP Agreement.