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Letter from the Honourable François-Philippe Champagne

8 March 2018

His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Excellency,

In connection with the signing on this date of the Comprehensive and Progressive Trans-Pacific Partnership Agreement (the Agreement), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of the Socialist Republic of Viet Nam (Viet Nam):

Canada and  Viet Nam agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content,” Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.

I have the honour to propose that this letter, equally valid in English and French, and your letter in reply shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Viet Nam.

Yours sincerely,
The Honourable François-Philippe Champagne
Minister of International Trade

Response from His Excellency Tran Tuan Anh

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

I have the honour to acknowledge receipt of your letter on this date, which reads as follows:

“In connection with the signing on this date of the Comprehensive and Progressive Trans-Pacific Partnership Agreement (the Agreement), I have the honour to confirm the following agreement reached by the Government of Canada (Canada) and the Government of the Socialist Republic of Viet Nam (Viet Nam):

Canada and  Viet Nam agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content,” Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.

I have the honour to propose that this letter, equally valid in English and French, and your letter in reply shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Canada and Viet Nam.”

I have the further honour to confirm that the above reflects the agreement reached between our Governments, and that your letter, equally valid in English and French, and this letter in reply shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between the Socialist Republic of Viet Nam and Canada.

Yours sincerely,

Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Distinctive Products: Canadian Whisky and Canadian Rye Whisky

Letter from the Honourable François-Philippe Champagne

8 March 2018

His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Excellency,

In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement), I have the honour to confirm the following understanding reached by the Government of the Socialist Republic of Viet Nam (Viet Nam) and the Government of Canada (Canada) regarding Canadian Whisky and Canadian Rye Whisky:

  1. Viet Nam shall recognize Canadian Whisky and Canadian Rye Whisky as distinctive products of Canada. Accordingly, Viet Nam shall, pursuant to its laws and regulations on unfair competition, not permit the sale of any product as Canadian Whisky or Canadian Rye Whisky if it has not been manufactured in Canada in accordance with the laws and regulations of Canada governing the manufacture of Canadian Whisky and Canadian Rye Whisky.
  2. Canada shall promptly notify Viet Nam of its existing laws and regulations governing the manufacture of Canadian Whisky or Canadian Rye Whisky and of any modifications it makes to those laws and regulations thereafter.
  3. For greater certainty, nothing in this letter shall be construed to create or confer any right relating to a trademark, certification mark, or geographical indication.

I have the honour to propose that this letter, equally valid in French and English, and your letter in reply confirming that your Government shares this understanding shall constitute an understanding between our two Governments, which will enter into effect on the date of entry into force of the Agreement as between Canada and Viet Nam.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade

Response from His Excellency Tran Tuan Anh

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

I have the honour to acknowledge receipt of your letter on this date, which reads as follows:

“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement), I have the honour to confirm the following understanding reached by the Government of the Socialist Republic of Viet Nam (Viet Nam) and the Government of Canada (Canada) regarding Canadian Whisky and Canadian Rye Whisky:

  1. Viet Nam shall recognize Canadian Whisky and Canadian Rye Whisky as distinctive products of Canada. Accordingly, Viet Nam shall, pursuant to its laws and regulations on unfair competition, not permit the sale of any product as Canadian Whisky or Canadian Rye Whisky if it has not been manufactured in Canada in accordance with the laws and regulations of Canada governing the manufacture of Canadian Whisky and Canadian Rye Whisky.
  2. Canada shall promptly notify Viet Nam of its existing laws and regulations governing the manufacture of Canadian Whisky or Canadian Rye Whisky and of any modifications it makes to those laws and regulations thereafter.
  3. For greater certainty, nothing in this letter shall be construed to create or confer any right relating to a trademark, certification mark, or geographical indication.

I have the honour to propose that this letter, equally valid in French and English, and your letter in reply confirming that your Government shares this understanding shall constitute an understanding between our two Governments, which will enter into effect on the date of entry into force of the Agreement as between Canada and Viet Nam.”

I have the further honour to confirm that my Government shares this understanding, and that your letter, equally valid in French and English, and this letter in reply, shall constitute an understanding between our two Governments, which will enter into effect on the date of entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as between Canada and the Socialist Republic of Viet Nam. 

Yours sincerely,

Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Electronic payment services

Letter from the Honourable François-Philippe Champagne

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached between the Government of the Socialist Republic of Viet Nam (“Viet Nam”) and the Government of Canada :

 If the national switching facility of Viet Nam and a supplier of another Party enter into an agreement or agreements for the processing of electronic payment transactions that set out standards for operation of that facility, compliance with the terms of the agreement or agreements shall be deemed to satisfy Viet Nam’s obligations under paragraphs (2), (3) and (4) with respect to that supplier.

I have the honour to propose that this letter and your letter of confirmation in reply, equally valid in English and French, shall constitute an agreement between our two Governments, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the Agreement as modified by Article 11.21 (Dispute Settlement) of Chapter 11 (Financial Services) of the Agreement, which shall enter into force on the date of entry into force of the Agreement as between Viet Nam and Canada.

Yours sincerely,

Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Response from His Excellency Tran Tuan Anh

8 March 2018

His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Excellency,

 I am pleased to acknowledge your letter of this date which reads as follows:

“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following agreement reached between the Government of the Socialist Republic of Viet Nam (“Viet Nam”) and the Government of Canada:

Nothing in Section D (Electronic Payment Card Services) of Annex 11-B (Specific Commitments) to Chapter 11 (Financial Services) of the Agreement restricts the right of Viet Nam to adopt or maintain measures that condition the cross-border supply of electronic payment services into Viet Nam by a service supplier of another Party on a requirement that such electronic payment services are processed through a national switching facility licensed by the State Bank of Viet Nam, and that facility is positioned between such supplier and financial institutions Footnote 1 payment intermediaries in Viet Nam. Any such requirement shall:

  1.  not be used as a means of avoiding Viet Nam’s obligations under Section D (Electronic Payment Card Services);
  2.  not result in a competitive disadvantage to the service suppliers of another Party;
  3.  ensure the security, speed or reliability of the services, and preserve the ability of service suppliers of another Party to innovate; and
  4.  not impose unreasonable costs, directly or indirectly, on service suppliers of another Party.

If the national switching facility of Viet Nam and a supplier of another Party enter into an agreement or agreements for the processing of electronic payment transactions that set out standards for operation of that facility, compliance with the terms of the agreement or agreements shall be deemed to satisfy Viet Nam’s obligations under paragraphs (2), (3) and (4) with respect to that supplier.

I have the honour to propose that this letter and your letter of confirmation in reply, equally valid in English and French, shall constitute an agreement between our two Governments, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the Agreement as modified by Article 11.21 (Dispute Settlement) of Chapter 11 (Financial Services) of the Agreement, which shall enter into force on the date of entry into force of the Agreement as between Viet Nam and Canada.”

I have the honour to confirm that my Government shares this understanding, and that your letter and this letter in reply, equally valid in English and French, shall constitute an agreement between our two Governments, subject to dispute settlement under Chapter 28 (Dispute Settlement) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”) as modified by Article 11.21 (Dispute Settlement) of Chapter 11 (Financial Services) of the Agreement, which shall enter into force on the date of entry into force of the Agreement as between Canada and the Socialist Republic of Viet Nam.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade

E-Commerce

Letter from the Honourable François-Philippe Champagne

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the Government of the Socialist Republic of Viet Nam (“Viet Nam”) and the Government of Canada shared agreement on electronic commerce as follows:

Both countries shall continue consultation on cooperation for the implementation of the Cyber Security Law of Viet Nam or related legislation concerning cyber security with a view to ensuring consistency with the Agreement.

Notwithstanding paragraph 2 of Article 14.18 (Dispute Settlement) of Chapter 14 (Electronic Commerce) of the Agreement, Canada shall refrain from seeking recourse to Chapter 28 (Dispute Settlement) of the Agreement with respect to measures adopted or maintained based on the Cyber Security Law of Viet Nam or related legislation concerning cyber security, which may be in violation of the obligation based on Article 14.11 (Cross-Border Transfer of Information by Electronic Means) and Article 14.13 (Location of Computing Facilities) of Chapter 14 (Electronic Commerce) of the Agreement for a period of five years after the date of entry into force of this Agreement for Viet Nam.

I have the further honour to propose that this letter and your letter of confirmation in reply, equally valid in English and French, shall constitute an agreement between the two Governments, which shall enter into force on the date on which the Agreement enters into force for both Viet Nam and Canada.

Yours sincerely,

Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Response from His Excellency Tran Tuan Anh

8 March 2018

His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Excellency,

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the Government of the Socialist Republic of Viet Nam (“Viet Nam”) and the Government of Canada shared agreement on electronic commerce as follows:

Both countries shall continue consultation on cooperation for the implementation of the Cyber Security Law of Viet Nam or related legislation concerning cyber security with a view to ensuring consistency with the Agreement.

Notwithstanding paragraph 2 of Article 14.18 (Dispute Settlement) of Chapter 14 (Electronic Commerce) of the Agreement, Canada shall refrain from seeking recourse to Chapter 28 (Dispute Settlement) of the Agreement with respect to measures adopted or maintained based on the Cyber Security Law of Viet Nam or related legislation concerning cyber security, which may be in violation of the obligation based on Article 14.11 (Cross-Border Transfer of Information by Electronic Means) and Article 14.13 (Location of Computing Facilities) of Chapter 14 (Electronic Commerce) of the Agreement for a period of five years after the date of entry into force of this Agreement for Viet Nam.

I have the further honour to propose that this letter and your letter of confirmation in reply, equally valid in English and French, shall constitute an agreement between the two Governments, which shall enter into force on the date on which the Agreement enters into force for both Viet Nam and Canada. ”

I have the further honour to confirm that the above reflects the agreement reached between the Government of Canada and the Government of the Socialist Republic of Viet Nam during the course of negotiations on the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, and that your letter and this letter in reply, equally valid in English and French, shall constitute an agreement between the Government of Canada and the Government of the Socialist Republic of Viet Nam, which shall enter into force on the date on which the Agreement enters into force for both Canada and the Socialist Republic of Viet Nam.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade

Labour

Letter from His Excellency Tran Tuan Anh

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”) on this date, I have the honour to confirm that the Government of the Socialist Republic of Viet Nam (“Viet Nam”) and the Government of Canada share common understanding on the relationship between Chapter 19 (Labour) and Chapter 28 (Dispute Settlement) of the Agreement as follows:

  1. From the date of entry into force of the Agreement for Viet Nam, Viet Nam shall fully implement the obligations of Chapter 19 (Labour).
  2. If Canada seeks recourse to dispute settlement under Chapter 28 (Dispute Settlement) with respect to any measure that is inconsistent with the obligations of Chapter 19 (Labour), Canada shall refrain from seeking to suspend benefits stipulated in Article 28.20 (Non-Implementation – Compensation and Suspension of Benefits) of Chapter 28 (Dispute Settlement) for a period of three years after the date of entry into force of the Agreement for Viet Nam.
  3. If Canada seeks recourse to dispute settlement under Chapter 28 (Dispute Settlement) with respect to any measure that is inconsistent with the obligations of paragraph 1(a) of Article 19.3 (Labour Rights) of Chapter 19 (Labour), Canada shall refrain from seeking to suspend benefits stipulated in Article 28.20 (Non-Implementation – Compensation and Suspension of Benefits) of Chapter 28 (Dispute Settlement) for a period of five years after the date of entry into force of the Agreement for Viet Nam.
  4. Pursuant to paragraph 2 of Article 19.12 (Labour Council) of Chapter 19 (Labour), after the fifth anniversary and before the seventh anniversary of the date of entry into force of the Agreement for Viet Nam, any issues arising from　paragraph 3 shall be reviewed in accordance with Article 19.12 (Labour Council) of Chapter 19 (Labour). This is without prejudice to the rights and obligations of both Parties under the Agreement.

I have the further honour to propose that this letter and your letter in reply, equally valid in English and French, confirming that your Government shares this understanding shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Viet Nam and Canada.

Yours sincerely,

Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Response from the Honourable François-Philippe Champagne

8 March 2018

His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Excellency,

I have the honour to acknowledge the receipt of your letter of today’s date, which reads as follows:

“In connection with the signing of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”) on this date, I have the honour to confirm that the Government of the Socialist Republic of Viet Nam (“Viet Nam”) and the Government of Canada share common understanding on the relationship between Chapter 19 (Labour) and Chapter 28 (Dispute Settlement) of the Agreement as follows:

  1. From the date of entry into force of the Agreement for Viet Nam, Viet Nam shall fully implement the obligations of Chapter 19 (Labour).
  2. If Canada seeks recourse to dispute settlement under Chapter 28 (Dispute Settlement) with respect to any measure that is inconsistent with the obligations of Chapter 19 (Labour), Canada shall refrain from seeking to suspend benefits stipulated in Article 28.20 (Non-Implementation – Compensation and Suspension of Benefits) of Chapter 28 (Dispute Settlement) for a period of three years after the date of entry into force of the Agreement for Viet Nam.
  3. If Canada seeks recourse to dispute settlement under Chapter 28 (Dispute Settlement) with respect to any measure that is inconsistent with the obligations of paragraph 1(a) of Article 19.3 (Labour Rights) of Chapter 19 (Labour), Canada shall refrain from seeking to suspend benefits stipulated in Article 28.20 (Non-Implementation – Compensation and Suspension of Benefits) of Chapter 28 (Dispute Settlement) for a period of five years after the date of entry into force of the Agreement for Viet Nam.
  4. Pursuant to paragraph 2 of Article 19.12 (Labour Council) of Chapter 19 (Labour), after the fifth anniversary and before the seventh anniversary of the date of entry into force of the Agreement for Viet Nam, any issues arising from　paragraph 3 shall be reviewed in accordance with Article 19.12 (Labour Council) of Chapter 19 (Labour). This is without prejudice to the rights and obligations of both Parties under the Agreement.

I have the further honour to propose that this letter and your letter in reply, equally valid in English and French, confirming that your Government shares this understanding shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Agreement as between Viet Nam and Canada.”

I have the further honour to confirm that my Government shares this understanding and that your letter and this letter in reply, equally valid in English and French, shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as between Canada and the Socialist Republic of Viet Nam.

Sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade

Intellectual Property: Patent Linkage

Letter from the Honourable François-Philippe Champagne

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

I have the honour to confirm the following understanding reached by the Government of the Socialist Republic of Viet Nam (Viet Nam) and the Government of Canada with regard to Article 18.47 (Protection of Undisclosed Test or Other Data for Agricultural Chemical Products) of Chapter 18 (Intellectual Property) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement) signed on this day:

Canada will refrain from seeking recourse to Chapter 28 (Dispute Settlement) of the Agreement with regard to the obligations of Viet Nam under Article 18.47 (Protection of Undisclosed Test or Other Data for Agricultural Chemical Products) of Chapter 18 (Intellectual Property) of the Agreement for a period of five years after the fifth anniversary of the date of entry into force of the Agreement for Viet Nam.

I have the further honour to propose that this letter and your letter in reply, equally valid in English and French, will constitute an understanding between our two Governments, which will enter into effect on the date of entry into force of the Agreement for Viet Nam and Canada.

Yours sincerely,

Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Response from His Excellency Tran Tuan Anh

8 March 2018

His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Excellency,

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

“I have the honour to confirm the following understanding reached by the Government of the Socialist Republic of Viet Nam (Viet Nam) and the Government of Canada with regard to Article 18.47 (Protection of Undisclosed Test or Other Data for Agricultural Chemical Products) of Chapter 18 (Intellectual Property) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement) signed on this day:

Canada will refrain from seeking recourse to Chapter 28 (Dispute Settlement) of the Agreement with regard to the obligations of Viet Nam under Article 18.47 (Protection of Undisclosed Test or Other Data for Agricultural Chemical Products) of Chapter 18 (Intellectual Property) of the Agreement for a period of five years after the fifth anniversary of the date of entry into force of the Agreement for Viet Nam.

I have the further honour to propose that this letter and your letter in reply, equally valid in English and French, will constitute an understanding between our two Governments, which will enter into effect on the date of entry into force of the Agreement for Viet Nam and Canada.”

I have the further honour to confirm that the above reflects the understanding reached between the Government of Canada (Canada) and  the Government of the Socialist Republic of Viet Nam (Viet Nam) during the course of negotiations on the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement), and that your letter and this letter in reply, equally valid in English and French, will constitute an understanding between the Canada and the Viet Nam, which will enter into effect on the date of entry into force of the Agreement as between Canada and Viet Nam.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade

Intellectual Property: Marketing of Certain Pharmaceutical Products

Letter from the Honourable François-Philippe Champagne

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

I have the honour to confirm the following understanding reached by the Government of the Socialist Republic of Viet Nam (Viet Nam) and the Government of Canada with regard to Article 18.53 (Measures Relating to the Marketing of Certain Pharmaceutical Products) of Chapter 18 (Intellectual Property) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement) signed on this day:

Viet Nam and Canada recognise that nothing in Article 18.53 (Measures Relating to the Marketing of Certain Pharmaceutical Products) of Chapter 18 (Intellectual Property) of the Agreement limits a Party from establishing conditions, limitations or exceptions when implementing the obligations set forth under that Article, provided that the Party continues to give effect to that Article.

I have the further honour to propose that this letter and your letter in reply, equally valid in English and French, confirming that your Government shares this understanding will constitute an understanding between our two Governments, which will enter into effect on the date of entry into force of the Agreement as between Viet Nam and Canada.

Yours sincerely,

Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Response from His Excellency Tran Tuan Anh

8 March 2018

His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Dear Minister,

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

“I have the honour to confirm the following understanding reached by the Government of the Socialist Republic of Viet Nam (Viet Nam) and the Government of Canada with regard to Article 18.53 (Measures Relating to the Marketing of Certain Pharmaceutical Products) of Chapter 18 (Intellectual Property) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement) signed on this day:

Viet Nam and Canada recognise that nothing in Article 18.53 (Measures Relating to the Marketing of Certain Pharmaceutical Products) of Chapter 18 (Intellectual Property) of the Agreement limits a Party from establishing conditions, limitations or exceptions when implementing the obligations set forth under that Article, provided that the Party continues to give effect to that Article.

I have the further honour to propose that this letter and your letter in reply, equally valid in English and French, confirming that your Government shares this understanding will constitute an understanding between our two Governments, which will enter into effect on the date of entry into force of the Agreement as between Viet Nam and Canada.”

I have the further honour to confirm that the above reflects the understanding reached between the Government of Canada (Canada) and the Government of the Socialist Republic of Viet Nam (Viet Nam) during the course of negotiations on the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Agreement), and that your letter and this letter in reply, equally valid in English and French, will constitute an understanding between Canada and Viet Nam, which will enter into effect on the date of entry into force of the Agreement as between Canada and Viet Nam.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade

Trademarks

Letter from His Excellency Tran Tuan Anh

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister,

In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following understanding reached by the Government of the Socialist Republic of Viet Nam (“Viet Nam”) and the Government of Canada:

  1. The Government of Canada intends to facilitate educational and training activities that can assist producers in Viet Nam seeking trademark, including certification mark, protection in Canada for products that are recognised as geographical indications or protected as certification marks in Viet Nam, such as Buon Ma Thuot (or Buôn Ma Thuột) coffee, and Phu Quoc (or Phú-Quốc) fish sauce (or nước mắm).
  2. The Government of Canada and the Government of Viet Nam shall consult to determine the appropriate activities under paragraph 1.

I have the honour to propose that this letter and your letter in reply, equally valid in English and French, confirming that your Government shares this understanding, will constitute an understanding between our two Governments, which will enter into effect on the date of entry into force of the Agreement as between Viet Nam and Canada.

Sincerely,

Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Response from the Honourable François-Philippe Champagne

8 March 2018

His Excellency
Mr. Tran Tuan Anh
Minister of Industry and Trade
Socialist Republic of Viet Nam

Excellency,

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following understanding reached by the Government of the Socialist Republic of Viet Nam (“Viet Nam”) and the Government of Canada:

  1. The Government of Canada intends to facilitate educational and training activities that can assist producers in Viet Nam seeking trademark, including certification mark, protection in Canada for products that are recognised as geographical indications or protected as certification marks in Viet Nam, such as Buon Ma Thuot (or Buôn Ma Thuột) coffee, and Phu Quoc (or Phú-Quốc) fish sauce (or nước mắm).
  2. The Government of Canada and the Government of Viet Nam shall consult to determine the appropriate activities under paragraph 1.

I have the honour to propose that this letter and your letter in reply, equally valid in English and French, confirming that your Government shares this understanding, will constitute an understanding between our two Governments, which will enter into effect on the date of entry into force of the  Agreement as between Viet Nam and Canada.”

I have the further honour to confirm that my Government shares this understanding, and that your letter and this letter of confirmation in reply, equally valid in English and French, will constitute an understanding between our Governments, which will enter into effect on the date of entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as between Canada and the Socialist Republic of Viet Nam.

Sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade

Date modified: