Protection of non-agricultural geographical indications under EU law: implications for the EVFTA and compatibility with Vietnam’s intellectual property legislation

The European Union (EU) has enacted legislation to protect the geographical indications for artisanal and industrial products, starting in 2025. These restrictions are fundamentally unprecedented because the EU has historically protected geographical characteristics solely for agricultural products. Upon implementation, these limits will impact the trade agreements that the EU has made with other countries, particularly Vietnam, through the EU–Vietnam Free Trade Agreement (EVFTA). Although a few research works have compared the geographical indications protection legislation of Vietnam and the EU regarding the EVFTA, there has not yet been any article that addresses the new EU restrictions on non-agricultural geographical indications and its impact on the EVFTA and Vietnamese law. This research aims to analyze the current facets of EU regulations regarding geographical indication protection for non-agricultural products and their ramifications for the EVFTA. This essay analyzes the adaptability of the Vietnamese legal system regarding geographical indications protection in light of the EU’s growing impact on geographical indications protection for non-agricultural items, examines the similarities and contrasts between the two systems, identifies the factors influencing the sluggish development of non-agricultural GIs and puts forth several suggestions to enhance the legal framework in Vietnam.