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TABLE OF CONTENT ACKNOWLEDGEMENTS ii TABLE OF CONTENT iii LIST OF ABBREVIATIONS v LIST OF TABLES vi LIST OF FIGURES vii LIST OF DIAGRAM viii INTRODUCTION 1 1. Rationale of the study 1 2. Objectives and research questions 3 3. Structure of the content 4 CHAPTER1: THEORETICAL FRAMEWORK ANDLITERATURE REVIEW 5 1.1. Definitions 5 1.1.1. Geographical indications and relevant terminologies 5 1.2.1. Geographical indication under the perspective of Trade 7 1.2. Literature review 9 1.2.1. Review on Geographical Indications Studies 9 1.2.2. Review on Case study methodology about Geographical indication: 12 1.2.3. Review on Geographical indication of Vietnam and EU studies: 21 1.2.4. Review on the future of Vietnam – EU Free trade agreement. 23 CHAPTER 2: BACKGROUND OF VIETNAM – EU AGREEMENT AND THE GEOGRAPHICAL INDICATIONS IN VIETNAM AND EU 27 2.1. Background of Vietnam – EU FreeTrade Agreement. 27 2.1.1. Vietnam – EU Trade picture 27 2.1.2. Vietnam – EU FTA Negotiation 32 2.1.3. The Geographical indications article in Vietnam – EU Free Trade Agreement. 33 2.2. Background of Geographical indications in Vietnam 37 2.2.1. Regulations of Geographical indications in Vietnam 37 2.2.2. The reality of Geographical indications in Vietnam 40 2.3. Background of Geographical indications in European Commission 42 2.3.1. The context of Geographical indications in European Commission 42 2.3.2. Reality of Geographical indications in EU countries 45 2.4. Comparison of GIs regulation in Vietnam and Europe countries 49 CHAPTER 3: RESEARCH RESULTS 51 3.1. The socioeconomic factor effecting the development of Hung Yen longan 51 3.1.1 Location and population 51 3.1.2. Population 52 3.1.3. Climate 53 3.1.4. Natural resources 54 3.1.5. The development of Economic 55 3.2. Hung Yen Longan 57 3.2.1. The overview of Hung Yen Longan 57 3.2.2. The development stages of Hung Yen longan commodity 58 3.2.3. Longan tree and farming households 60 3.2.4. Commercial channels in Hung Yen provinces 62 3.2.5. Problems of Hung yen longan trademarks 63 CHAPTER 4: RECOMMENDATION FOR THE DEVELOPMENT OF GEOGRAPHICAL INDICATIONS PRODUCTS: 68 CASE STUDY OF HUNG YEN LONGAN 68 4.1. Rebuilding Organizational and institutional structures 68 4.2. Building strong market partners: 69 4.3. Effective legal protections 70 CONCLUSION 71 REFERENCE 73 ANNEX 75
VIETNAM NATIONAL UNIVERSITY UNIVERSITY OF ECONOMICS AND BUSINESS THE FACULTY OF INTERNATIONAL BUSINESS AND ECONOMIC o0o GRADUATION THESIS THE IMPACT OF VIETNAM – EU FREE TRADE AGREEMENT ON GEOGRAPHICAL INDICATIONS: A CASE STUDY OF HUNG YEN LONGAN SUPERVISOR: DR NGUYEN CAM NHUNG STUDENT: PHAM NGOC MY LINH CLASS: QH - 2012E – KTQT – CLC TRAINING FORM: FULL – TIME HANOI, MAY 2016 ACKNOWLEDGEMENTS First and foremost, I would like to express my deep gratitude to Dr Nguyen Cam Nhung, my research advisor, for her guidance and valuable comments during the fulfilment of this research Her suggestions enhance my analytical skills and enrich my knowledge about international trade In addition, her willingness to discuss whenever I have any problems is highly appreciated I would also like to acknowledge the support and guidance from the Faculty of International Business and Economics, VNU University of Economics and Business It would have been much more difficult to finish this study if it had not been for the helpful guidance from the faculty staff and facilities Last but not least, I would like to express my appreciation to all the authors and organizations whose studies and reports were quoted and mentioned in this paper It is thanks to their works that I have the proper knowledge and information to build up my own framework and analysis, for which I am greatly thankful The names of those authors and organizations will be presented in the Reference For any errors or inadequacies that may remain in this work, of course, the responsibility is entirely my own and I would try my best to improve the paper as it is to be developed further in the future TABLE OF CONTENT Abbreviations FTA(s) WTO EU EC VEFTA GDP GI(s) TRIPS WIPO AO PDO PGI USD IGO IPL TSG DNA FDI TPP RCEP EFTA PCA ASEAN IPL DOP GSO Meanings Free Trade Agreement(s) World Trade Organization European Union European Commission Vietnam – EU Free Trade Agreement Gross domestic product Geographical indication(s) Trade-Related Aspects of Intellectual Property World Intellectual Property Organization Appellation of origin Protected designation of origin Protected geographical indication United State Dollar Indication of origins Intellectual property law Traditional Speciality Guaranteed Deoxyribonucleic acid Foreign Direct Investment Trans-Pacific Partnership Regional Comprehensive Economic Partnership European Free Trade Association Partnership and Cooperation Agreement The Association of Southeast Asian Nations Intellectual Property Law Protected Denomination of Origin General Statistics Office LIST OF TABLES LIST OF FIGURES LIST OF PICTURE INTRODUCTION Rationale of the study Nowadays, globalization is becoming a trend in almost countries in the world with a variety forms Following the trend, Vietnam also have had manifold FreeTrade Agreements (FTAs) and negotiations with countries and regions on the earth Since the implementation of open door policy initiated in 1986, Vietnam has made a transition from a centrally planned economy to a market-oriented system with remarkable achievements, characterized by high economic growth and strong economic integration (Dang, V et al., 2013) Being a member of World Trade Organization (WTO) in 2007, Vietnam has taken a crucial phase in the process of integration with more than 150 countries and strict requirement for each member in each area After that, Vietnam has signed successfully 16 FTAs with countries and region around the world (see https://aric.adb.org/fta-country ) which open the door for Vietnam to access the giant markets and powerful countries and regions such as EU, the United State, Australia, Singapore, etc One of the most salient FTA recently in Vietnam has been Vietnam – EU FreeTrade Agreement (VEFTA) signed in 2015 have given potential opportunities for Vietnamese products to export into an enormous global market, having 28 European countries and over 508 million people which accounted for 20 per cent of world trade and 26 per cent of world GDP (Vo Tri Thanh, 2015) European commission and Vietnam has considered carefully on tariffs, non-tariff barriers, intellectual property rights, corporation and investment environments, environmental protection and human rights (WTO center, 2015) Then, both parties have released a full text with 21 chapters In chapter 12 of full text, there are strict articles on intellectual property rights, specially geographical indications The chapter on intellectual property rights (chapter 12) has emphasized with the articles on geographical indications (GIs) Indeed, European countries have used Geographical indications as an effective tool to maximize the benefit of these products against the international pressure and to protect their origin products from imported ones since 1992 (IPR2, 2011), while GIs in Vietnam has started in 2005 with copious flaws on registration procedure, right of use, control, examination, supervision, anti-imitation and roles of competent organizations related to origin products (Trong Binh Vu, 2006) Therefore, as can be conspicuously seen that there is an extensive gap between the development of GIs in the EU countries and these in Vietnam The former has a long time to prepare and protect their origin products while the latter is in the development process of GIs A stank example is that EU has 171 GI products, however, Vietnam has only 39 GIs (Full text of VEFTA, 2015) Furthermore, Vietnam is an agricultural country, however, the main products exporting to EU market are garments, footwear, coffee, wooden items, aquaproducts Therefore, Vietnam are not using its competitive advantages on agriculture Beside, when the stakeholders, producers and manufacturers of Vietnam export GIs products into the EU market, they would confront a copious of barrier derived from the low technology, small scale of manufacturing, management and standard quality of products Hung Yen longan, for instance, although Hung Yen has competitive advantages on longan with a special taste, the activities of Hung Yen longan in the domestic and foreign market are not enhanced and improved as its potential value Generally, the geographical indications products in Vietnam are not managements and developments as its values leading to the waste of using geographical indications protections The GIs protection in Vietnam only have purposes of fighting against the violation and unhealthy competitiveness in market as well as the imitation and abuse of products while the EU use GIs protection to develop and identify the different of a product with the others, it then gradually builds brand name and trademark of a product in the customer mind (Trong Binh Vu, 2006) With the internal and external factors, in the short-term of performing VEFTA, Vietnam would meet difficult to gain the benefit from exported geographical indication products because of manifold visible and invisible barriers of European countries This study, therefore, analyzing the case study of Hung Yen’ longan, a geographical indications product to answer the main question “How to increase the competitive advantages of Geographical indications – Hung Yen Longan of Vietnam in the Vietnam – EU free-trade agreement?” In doing so, the author firstly analyzes the scale of VEFTA as well as the background on geographical indications of both parties prior to studying the case study of Hung Yen’s longan From the case studies in the world as well as the realities in Vietnam, the author would like to propose some prescriptions to contribute to the GIs development in Vietnam Objectives and research questions: The thesis has two main objectives as follows: - Analyzing the trade scale between Vietnam and EU, the article Geographical indication in VEFTA and the background on geographical - indication of both parties Applying case study of Hung Yen longan Thus, this study focuses on answering the main question: - How to increase the competitive advantages of Geographical indications – Hung Yen Longan of Vietnam in the Vietnam – EU Free-Trade Agreement? In order to solve the main question, I will have some Sub-questions: - How about the geographical indications regulation in the Vietnam – EU - free-trade agreement? How about the reality of geographical indications in Vietnam? What should Vietnam to increase the competitive advantages of geographical indications in Vietnam – EU negotiation? Structure of the content: - Introduction Chapter 1: Theoretical framework and literature review Chapter 2: Background of Vietnam – EU Agreement and the - Geographical indications in Vietnam and EU Chapter 3: Research results Chapter 4: Recommendation for the development of Geographical - indications products: Case study of Hung Yen Longan Conclusion 10 Fresh, frozen and processed meats Sausage 13 Munchener Bier Beer Beer 14 Schwarzwälder Schinken Fresh, frozen and processed meats Ham Country of origin: Germany, Austria, Belgium (German speaking Community) 15 Korn/Kornbrand Spirit Spirit Country of origin: Germany 16 Franken Wine Wine 17 Mitterlrhein Wine Wine 18 Mosel Wine Wine 78 19 Rheingau Wine Wine 20 Rheinhessen Wine Wine Country of origin: Denmark 21 Danablu Cheese Cheese Country of origin: Spain 22 Antequera Oils and animal fats Olive oil 23 Azafrán de la Mancha Spices Saffron 24 Baena Oils and animal fats Olive oil 25 Cítricos Valencianos ; Cítrics Valencians9 79 Fresh and processed fruits and nuts Oranges, mandarins and lemons 26 Jamón de Huelva Dry-cured meats Ham 27 Jamón de Teruel Dry-cured meats Ham 28 Jijona Confectionery and baked products Nougat 29 Priego de Córdoba Oils and animal fats Olive oil 30 Queso Manchego Cheese Cheese 31 Sierra de Segura Oils and animal fats Olive oil 80 32 Sierra Mágina Oils and animal fats Olive oil 33 Turrón de Alicante Confectionery and baked products Nougat 34 Brandy de Jerez Spirit Spirit 35 Pacharán navarro Spirit Spirit 36 Alicante Wine Wine 37 Bierzo Wine Wine 38 Cataluna Wine Wine 81 39 Cava Wine Wine 40 Emporda Wine Wine 41 Jerez-Xérès-Sherry Wine Wine 42 Jumilla Wine Wine 43 La Mancha Wine Wine 44 Málaga Wine Wine 45 Manzanilla-Sanlúcar de Barrameda Wine Wine 82 46 Navarra Wine Wine 47 Penedès Wine Wine 48 Priorat Wine Wine 49 Rías Baixas Wine Wine 50 Ribera del Duero Wine Wine 51 Rioja Wine Wine 52 Rueda Wine Wine 53 83 Somontano Wine Wine 54 Toro Wine Wine 55 Valdepeñas Wine Wine 56 Valencia Wine Wine Country of origin: Finland 57 Suomalainen Vodka/Finsk Vodka/Vodka of Finland Spirit Spirit Country of origin: France 58 Brie10 de Meaux Cheese Cheese 59 Camembert11 de Normandie Cheese 84 Cheese 60 Canard foie gras du Sud-Ouest (Chalosse, Gascogne, Gers, Landes, Périgord, Quercy) Fresh, frozen and processed meats Processed meat product of duck 61 Comté Cheese Cheese 62 Emmental12 de Savoie Cheese Cheese 63 Jambon de Bayonne Dry – cured meats Ham 64 Pruneaux d'Agen ; Pruneaux d'Agen mi-cuits Fresh and processed fruits and nuts Prunes 65 Reblochon ; Reblochon de Savoie Cheese Cheese 66 85 Roquefort Cheese Cheese 67 Armagnac Spirit Spirit 68 Calvados Spirit Spirit 69 Cognac ; Eau-de-vie de Cognac ; Eau-de-vie des Charentes Spirit Spirit 70 Alsace/Vin d'Alsace Wine Wine 71 Anjou Wine Wine 72 Beaujolais Wine Wine 73 86 Bordeaux Wine Wine 74 Bourgogne Wine Wine 75 Chablis Wine Wine 76 Champagne Wine Wine 77 Châteauneuf-du-Pape Wine Wine 78 Coteaux du Languedoc / Languedoc Wine Wine 79 Côtes de Provence Wine Wine 80 87 Côtes du Rhône Wine Wine 81 Côtes du Roussillon Wine Wine 82 Graves Wine Wine 83 Bergerac Wine Wine 84 Haut-Médoc Wine Wine 85 Margaux Wine Wine 86 Médoc Wine Wine 87 Pomerol 88 Wine Wine 88 Pays d'Oc Wine Wine 89 Saint-Emilion Wine Wine 90 Sauternes Wine Wine 91 Touraine Wine Wine 92 Ventoux Wine Wine 93 Val de Loire Wine Wine Country of origin: Greece 94 Ελιά Καλαμάτας 13 (transcription 89 into Latin alphabet: Elia Kalamatas) Table and processed olives Table olive 95 Κασέρι (transcription into Latinalphabet: Kasseri) Cheese Cheese 96 Φέτα** (transcription into Latin alphabet: Feta ) Cheese Cheese 97 Καλαμάτα (transcription into Latin alphabet: Kalamata) Oils and animal fats Olive oil 98 Μαστίχα Χίου (transcription into Latin alphabet: Masticha Chiou) Natural gums and resins Natural gum and chewing gum 99 Σητεία Λασιθίου Κρήτης (transcription into Latin alphabet: Sitia Lasithiou Kritis) Oils and animal fats Olive oil 90 Country of origin: Greece, Cyprus 102 Ούζο (transcription into Latin alphabet: Ouzo) Spirit Spirit Country of origin: Greece 103 Νεμέα (transcription into Latin Alphabet: Nemea) Wine Wine 104 Ρετσίνα Αττικής (transcription into Latin alphabet: Retsina Attikis) Wine Wine 105 Πελοποννησιακός (transcription into Latin alphabet: Peloponnese) Wine Wine 106 Σάμος (transcription into Latin Alphabet: Samos) Wine Wine 91 Country of origin: Croatia 107 Dinga Wine Wine Country of origin: Hungary 108 Pálinka Spirit Spirit 109 Törkölypálinka Spirit Spirit 110 Tokaj/Tokaji Wine Wine Country of origin: Ireland 111 Irish Cream Spirit Spirit 112 Irish Whiskey/ Uisce Beatha Eireannach/ Irish Whisky Spirit Spirit Country of origin: Italy 92