Project Title

APEC Capacity Building Workshop on FTA Negotiation Skills on Intellectual Property – Phase 2 

Project Year

2016   

Project Number

CTI 05 2016 

Project Session

Session 1   

Project Type

Standard 

Project Status

Completed Project   
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Project No.

CTI 05 2016 

Project Title

APEC Capacity Building Workshop on FTA Negotiation Skills on Intellectual Property – Phase 2 

Project Status

Completed Project 

Publication (if any)

 

Fund Account

General Project Account 

Sub-fund

None 

Project Year

2016 

Project Session

Session 1 

APEC Funding

136,150 

Co-funding Amount

26,750 

Total Project Value

162,900 

Sponsoring Forum

Committee on Trade and Investment (CTI) 

Topics

Trade Facilitation 

Committee

Committee on Trade and Investment (CTI) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

Viet Nam 

Co-Sponsoring Economies

Indonesia; Korea; New Zealand; United States 

Expected Start Date

01/02/2016 

Expected Completion Date

30/06/2017 

Project Proponent Name 1

Pham Quynh Mai 

Job Title 1

Deputy Director General 

Organization 1

Ministry of Industry and Trade 

Postal Address 1

54 Hai Ba Trung street, Ha Noi, Viet Nam  

Telephone 1

84-4 22205522 

Fax 1

Not Applicable 

Email 1

maipq@moit.gov.vn; patbeo81@gmail.com 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Pham Quynh Mai 

Project Summary

This project is one of the activities under the Action Plan Framework for Regional Economic Integration (REI) Capacity Building Needs Initiative (CBNI) initiated by Korea since 2010. Viet Nam plans to hold a 2-day Capacity Building Workshop in Viet Nam in 2017.

This project aims at:

1) In-depth capacity building for negotiators and policymakers, with practical relevance, to participate in intellectual property negotiations: Analysis of textual proposals; Example in real court/case issues in IP chapter under FTAs, such as in the areas of general provisions, cooperation, trademarks, geographical indications, patents, pharmaceuticals, copyright and related rights, and enforcement; Drafting text, implementation phase etc. and simulation exercises etc.

2) Share best practices and experiences in preparing for negotiations; and

3) Explore possible implications on trade and intellectual property situation of economy(ies) if participating in the FTA/FTAAP.

Relevance

Relevance - Region: In the 2015 APEC Trade Ministers’ statement, it is said that “We welcome the Action Plan Framework for the 2nd Regional Economic Integration (REI) Capacity Building Needs Initiative of 2015-2017.  We look forward to the effective implementation of the initiative through the capacity building workshops to be hosted by the lead economies.  These workshops will provide opportunities for government officials to deepen their understanding on relevant fields of FTA negotiations.”

Accordingly, Korea as a leading economy of the CBNI initiative and other interested APEC member economies have made efforts in developing a detailed work plan to implement APEC Leaders’ instructions. As an active economy in joining the CBNI initiative, Viet Nam proposed to select the area of intellectual property (IP) as one of the sectors to be explored in the 2nd CBNI. The results of the CBNI survey conducted by Korea and APEC member economies’ inputs have highlighted the needs of building and enhancing preparation capacities in this field.

In December 2014, Viet Nam held a Training Capacity Building Workshop on FTA Negotiation Skills on Intellectual Property (as a result of the 1st CBNI) which provided basic negotiation skills, techniques and knowledge for negotiators, policy-makers and regulators. This project proposal is a continuity of the previous project, with in-depth capacity building in IP to equip negotiators with relevant information, references, and preparation skills to participate in IP-related negotiations. This Workshop may include, among others, sessions on Analysis of textual proposals; Example in real court/case issues in IP chapter under FTAs, , such as in the areas of general provisions, cooperation, trademarks, geographical indications, patents, pharmaceuticals, copyright and related rights, and enforcement; Drafting text, implementation phase etc. and simulation exercises.

This will also be an opportunity of discussing possible challenges arising from the implementation of IP measures and the steps that could be taken to identify and address these types of domestic regulatory or policy issues.

Relevance - Rank: Rank #1 priority of APEC of “promoting regional economic integration via free and open trade and investment.”

Objectives

1) In-depth capacity building for negotiators and policymakers, with practical relevance, to participate in intellectual property negotiations: Analysis of textual proposals; Example in real court/case issues in IP chapter under FTAs, such as in the areas of general provisions, cooperation, trademarks, geographical indications, patents, pharmaceuticals, copyright and related rights, and enforcement; Drafting text, implementation phase etc. and simulation exercises etc.

2) Share best practices and experiences in preparing for negotiations; and

3) Explore possible implications on trade and intellectual property situation of economy(ies) if participating in the FTA/FTAAP.

Alignment

This project is designed to put into action APEC Ministers’ instructions to build capacity to strengthen and deepen the regional economic integration, and to facilitate the realization of the Free Trade Agreement of the Asia - Pacific (APEC 2011 Ministerial Meeting statement), which is also a rank #1 priority of APEC of “promoting regional economic integration via free and open trade and investment.”

In their 2013 Declaration, APEC Leaders insisted that “APEC has an important role to play in coordinating information sharing, transparency, and capacity building...” and “agreed to ...increase the capacity of APEC economies to engage in substantive negotiations.” Furthermore, APEC Ministers “encouraged officials to advance the Regional Economic Integration Capacity-Building Needs Initiative Action Plan Framework as a key delivery mechanism for the technical assistance needed to one day make the FTAAP a reality.”

APEC Economic Leaders agreed to continue the capacity building activities in pursuit of the eventual realization of the FTAAP under the Action Plan Framework of the 2nd Capacity Building Needs Initiative (CBNI) (as appeared in Annex A of APEC Economic Leaders’ Declaration on The Beijing Roadmap for APEC’s Contribution to the Realization of the FTAAP in November 2014). They encouraged economies “to design and conduct capacity building programs for specific sectors as lead economies.”

TILF/ASF Justification

Not Applicable.

Beneficiaries and Outputs

Outputs: One of the outputs will be a 2-day Capacity Building Workshop held in Ho Chi Minh city, Viet Nam in the first quarter of 2017. The Organizing Committee will invite speakers who are intellectual property negotiators of APEC member economies to present their experiences on current FTA-related negotiations on intellectual property. The workshop will also include a session on the role of stakeholder input in the development of IP trade policy with speakers from the business community, academia, and other stakeholder groups from APEC member economies to share their experiences and studies. There will also be a session on lessons and recommendations suggested by Capacity Building Workshop attendants.

A report will be produced after the Capacity Building Workshop as one of the project’s outputs. This report will be composed of the following, but not limited to, sections: introduction of the project; briefings of the presentations made at the Capacity Building Workshop, including best practices (if any); briefings on discussions at the Capacity Building Workshop; suggested recommendations made by Capacity Building Workshop attendants and the project consultant.

Outcomes: Based on the Workshop’s presentations, discussions and recommendations, the Organizers hope that Workshop participants can enhance their capacities and knowledge on FTA-related intellectual property. Therefore, one expected outcome of the Workshop is the application of the Workshop knowledge by participants to their future work and negotiations.

In addition, the Workshop is intended to ensure more clarity of the interpretation of IP-related provisions in the FTAs at the time of implementation, to have more knowledge on consistencies between the FTA provisions and domestic regulations, etc.

Another outcome may be the conduction of similar Workshops back in their home economies. In order to do this, participants are encouraged to use Workshop material as resources or reference when holding similar Workshops in the future. However, commencement of future Workshops will be based on economy’s decisions and resources.

Beneficiaries: The direct participants and beneficiaries of the project are government negotiators who directly are involved in negotiations on intellectual property and government officers in charge of formulating intellectual property law/regulations. For the session on stakeholder input, academic scholars, representatives from international organizations, business associations, and corporations (such as WTO, WIPO, pharmaceutical associations/companies, patent associations, scholars that are specialized in training in patents, GI, etc.) might be considered to participate as speakers. To assure that this Workshop is built upon previous activities, the Organizers will encourage economies to send participants who attended the 1st Capacity Building Workshop in December 2014 to this Workshop.

Therefore, the possible enhanced knowledge of the Capacity Building Workshop participants is a take-away of the Capacity Building Workshop. Through this learning process, the Capacity Building Workshop’s participants may withdraw valuable lessons in their future negotiations.

Intellectual property policy-makers will have a chance to learn and share the impacts of potential FTAs, both positive and negative. It is likely that intellectual property policy-makers will identify some domestic issues to be addressed (regulations/ policies) to prepare for participation in FTAs/FTAAP.

It is also expected that a network of attendants will be established following the Capacity Building Workshop, among negotiators. This network will be much helpful in future activities.

To ensure that the Capacity Building Workshop will benefit as many individuals as possible, the Capacity Building Workshop’s outcomes and materials will be circulated to CTI and IPEG members and uploaded to the APEC website and public to viewers to gain out-reaching impact.

Dissemination

Hard copies will be provided to all Capacity Building Workshop's participants.  Electronic publication will also be used to disseminate the Capacity Building Workshop's documents widely.  APEC's official website will be the main one to upload the documents.  Organizers will encourage participants to circulate documents domestically to assure effectiveness in dissemination. A detailed report of the Capacity Building Workshop will also be prepared and submitted to the Committee on Trade and Investment and IPEG for information.

No intention to sell outputs arising from this project.

Gender

Women will be directly and actively involved in the project. Project proponents of this Capacity Building Workshop are women. The Capacity Building Workshop organizers will be careful to include women speakers and participants in the Capacity Building Workshop.  The organizers will encourage women to be involved during the preparatory stage and actual activity. Invitations sent to CTI representatives will take due consideration of gender concerns by encouraging the suggestion and nomination of female speakers and participants. 

In addition, the project proponents will ensure that the evaluation forms to be distributed at the end of the Capacity Building Workshop will include information on gender for disaggregating of data for project assessment and will help in evaluation of specific responses of women and men. 

As the number of women participating in intellectual property negotiations and policy-making has been increasing, women will also benefit from this Capacity Building Workshop. With previous experience in CBNI activities, PO expected that 50% of Workshop participants will be female. The Project’s outputs and all the Capacity Building Workshop materials will be uploaded to the APEC website, thanks to which women might access to the website for information and knowledge.

Work Plan

Timeline

Actions

May – June 2016

Submit concept note (then a full project proposal) to APEC for consideration and approval

June – July 2016

BMC approval

August – September 2016

Draft the Capacity Building Workshop agenda and circulate it to economies for comment.

Incorporate the comments and finalize the agenda to reflect all interests by stakeholders.

September – October 2016

Invite and secure speakers for the Capacity Building Workshop, from international organizations, research institutes, APEC economies and non-member economies Participation of non-member speakers will depend on approval of CTI.

Promotion and dissemination of information on the Capacity Building Workshop.

November – December 2016

Invite participants from relevant APEC Ministries/ agencies, academia and research institutes in APEC member economies.

Confirmation of the event details (a General Information document is circulated to CTI focal points for nominating Capacity Building Workshop participants).

Preparation work by the Organizing Committee (logistic and documentation)

January (or February) 2017

Implementation of the 2-day Capacity Building Workshop

March – April 2017

Upon conclusion of the Capacity Building Workshop, event organizers will work with co-sponsors, speakers and other participants to draft a report for the APEC Committee on Trade and Investment.

Risks

Risks associated with the Capacity Building Workshop will be minimal. One of the risks is ensuring the selection of good speakers in order to make the most of the Capacity Building Workshop. The Organizers will work with the co-sponsor economies to get recommendations of potential speakers. There may be last-minute speaker cancellations. That risk will be managed by identifying possible back-up speakers in advance of the event.

Another risk is the difficulty in selecting right participants. To address this risk, the organizers will send out invitation to CTI representatives of APEC economies. CTI representatives will take responsibilities to inform domestic Ministries/Agencies to select right participants and nominate these participants to the Project Overseers. The criterion to select participants is that participants should either be negotiators who directly involve in FTA-related intellectual property or policy makers for intellectual property -related laws and regulations. The CTI representatives will be the focal point to nominate participants (including speakers) attending the Workshop. To assure the Workshop will attract targeted participants, invitation will also be sent to the APEC Intellectual Property Expert Group - IPEG (CTI focal points remain the roles of nominating participants).

The nominated participants will be required to send their CVs (or biographies) to the POs. Based on reviewing the CVs (or biographies) of the nominated participants, the POs will decide the participation of APEC delegates and inform their approval to the nominated participants.

Risk may also arise regarding supporting participants with using the information after the end of the Workshop. To mitigate this risk, organizers will discuss in details with participants during the Workshop in order to assure ongoing support can be provided to participants.

Monitoring and Evaluation

The Capacity Building Workshop’s Organizers will work closely and regularly with co-sponsor economies in determining the content of the agenda, selection of speakers, moderators, experts and participants for the Capacity Building Workshop. The project will adhere strictly to APEC project implementation procedures, including the timeline of actions. Organizers hope that 80 participants will attend the Workshop, with 70% of participants coming from developing economies.

Estimated indicators: Number of speakers/ participants, number of participating economies and diversification of speakers/ participants.

An evaluation form will be prepared and distributed to all participants as well as the speakers, moderators and experts to assess the effectiveness of the Capacity Building Workshop with respect to the relevance on the topics, presentations by speakers, overall impact and suggestions for further improvement and/or activities for future projects. The organizing committee will compile all comments and reflect them into the final report, which will be submitted to the APEC Committee on Trade and Investment for consideration.

Estimated indicators: Score of satisfaction on substance, speakers, logistic arrangements, impacts etc. in the questionnaires responded from participants.

The report and Capacity Building Workshop documents will be made available to Capacity Building Workshop participants and the APEC Secretariat, as well as uploaded to APEC Publication Database. The draft report on the outcome of the Capacity Building Workshop will be sent to APEC Secretariat for review before finalization.

Estimated indicators: (i) Progress of draft and final reports; (ii) Dissemination of draft and final reports to participants and CTI.

Linkages

Engagement: Project organizers will bring together negotiators and policy-makers to gain and enhance knowledge and experience on intellectual property. Project organizers will circulate the General Information note to CTI and IPEG for nominating participants.  On completion of the Capacity Building Workshop, a Capacity Building Workshop report with recommendations will be circulated to relevant APEC sub-fora.  The CTI will involve economies in follow-up from the Capacity Building Workshop, including developing recommendations for built-on activities to deepen regional economic integration and realize the potential FTAAP. In addition, SCSC will be consulted in developing the Workshop’s agenda and selecting participants.

Previous work: This project is built directly on the APEC REI CBNI Framework. The results of the Capacity Building Workshop will contribute to the ultimate deliverables of this Framework.

APEC’s comparative advantage: APEC is the best source of funding for this project because APEC is implementing the APEC REI CBNI Framework, the goal of which is to prepare APEC economies to negotiate high-quality trade agreements including a Free Trade Area of the Asia-Pacific. The results of the Capacity Building Workshop will contribute to the ultimate deliverables of this Framework.

Sustainability

This project is one of the series of capacity-building activities supported under the CBNI approach, with view to building and enhancing capacities of developing economies in the APEC region, to enhance their FTA negotiation skills. The 2nd CBNI Action Plan Framework is consisted of a number of areas, whereas intellectual property is one of the main interests. Since a number of FTA, concluded or under negotiations in the APEC region, includes a Chapter/provisions on intellectual property, this proposal, for sure, will contribute to the ultimate outcomes of the CBNI. 

After the Capacity Building Workshop takes place, the Project Organizers will work with consultant(s) and speakers to develop recommendations for concrete steps to further advance the REI CBNI Action Plan Framework with specialization on intellectual property that is selected based on the inputs provided by the Capacity Building Workshop.  These recommendations will be sent to the CTI. CTI and its sub-fora (for instance IPEG) will consider and if possible, endorse the recommendations as well as the follow-up activities developed from the Capacity Building Workshop.

On the other hand, Viet Nam and co-sponsor economies will work with Korea, the leading economy in the REI CBNI Action Plan Framework to incorporate the Project’s outputs and recommendations into the Report of the REI CBNI Action Plan Framework. Further evaluation and comments on this Framework might be given upon consideration of the CTI and interested parties. Korea, Viet Nam and other economies in the 2nd REI CBNI Action Plan Framework might also suggest next steps of the Project and/or the Framework to the CTI for comments and approval.

Project Overseers

Ms Pham Quynh Mai
Ministry of Industry and Trade
Tel: 84-4 22205522
Email: maipq@moit.gov.vn

Ms. Pham Quynh Mai got her Master Degree in the University of Sussex, the United Kingdom. She was the Vice Chair of the CTI in 2006. Since 2011, she has been the Acting Senior Official of Viet Nam for APEC in several APEC Senior Official Meetings.

Ms Vu Lien Huong
Ministry of Industry and Trade
Tel: 84-4 22205419
Email: huongvl@moit.gov.vn and patbeo81@gmail.com

Ms Vu Lien Huong got her Master Degree in the University of Leeds, the United Kingdom. Since 2003, she has been actively engaged in APEC cooperation activities, including those under the Committee on Trade and Investment, SOM supervision, SCE and APEC Ministerial processes etc.

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Not Applicable.

Waivers

Not Applicable.

Are there any supporting document attached?

No 
Attachments
Version: 4.0 
Created at 04/08/2016 11:11  by Lucy Phua 
Last modified at 26/05/2017 10:47  by Lucy Phua 
Version HistoryVersion History

Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

Proposal Status

Originating Sub-Forum

Approval Status
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