Protection of Technological Protection Measures: From Commitments in New-Generation Free Trade Agreements to the Legal Practicein Vietnam and Arising Issues

Abstract

The technological revolution has posed unprecedented challenges to copyright protection, necessitating the emergence of Technological Protection Measures (TPMs). The international legal framework for TPM protection was initially established by the 1996 WIPO Treaties and subsequently refined with more stringent standards in new-generation Free Trade Agreements (FTAs), such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the EU-Vietnam Free Trade Agreement (EVFTA). Although Vietnam has introduced significant amendments to its intellectual property (IP) legal system, it has yet to fully align with these international protection standards. By conducting a comparative analysis of the TPM protection standards under the CPTPP and EVFTA against the corresponding provisions in Vietnamese law, this article identifies existing legal lacunae and inadequacies. On that basis, the article proposes recommendations for legislative refinement to harmonize domestic law with international standards, particularly in light of the CPTPP and EVFTA obligations.