Protecting traditional knowledge in New-generation Free Trade Agreements and recommendations for Vietnam

Abstract

In the context of Vietnam entering an era of robust growth driven by continuous advancements in science, technology, artificial intelligence, and deepened integration with partners around the world, new-generation Free Trade Agreements (FTAs) are regarded as an important legal framework that lays the foundation for countries to strengthen cooperation in all aspects. Besides institutional commitments and principles in the fields of economy, society, and environment, intellectual property has always been a key area of concern in negotiations among nations. Notably, the scope of intellectual property protection in many new-generation FTAs is no longer limited to traditional subjects such as copyright, patents, and trademarks, but has increasingly expanded to include specific areas such as traditional knowledge (TK), genetic resources (GR), and related areas. This research provides an overview of traditional knowledge, analyzes the provisions on the protection of traditional knowledge in new-generation FTAs, and provides some recommendations to contribute to the development and improvement of Vietnamese law on this issue.