Expert in Intellectual Property Rights Enforcement

Immediate Opening
Consultants, Short-Term
10-28-2019
Home-Based and Travels to Vietnam
Commensurate with Experience 
Immediate Opening

Technical Expert - Terms of Reference

Project Name: Strengthening Intellectual Property Rights Enforcement in Vietnam

Post Title: Expert in Intellectual Property Rights Enforcement

Deadline: November 29, 2019 

Background:

Funded by Global Affairs Canada, the Expert Deployment Mechanism for Trade and Development (EDM) provides technical assistance to Official Development Assistance (ODA)-eligible countries to maximize the development impacts of trade and investment. Over seven years (2018-2025), EDM will invest CAD $16.5 million to support Canada’s developing country trading partners to negotiate, implement and benefit from and adapt to trade and investment agreements with Canada.

EDM is a demand-driven project that will benefit potential partners – including governments, local private sector groups, and local civil society organizations – through capacity building and technical advisory support on policy reform issues that have a high potential to reduce poverty and gender inequalities, and support progress in trade and investment agreement negotiations.

Vietnam has been identified by Global Affairs Canada (GAC) as a priority country for technical assistance, in the context of the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Despite rapid economic growth since the introduction of the “doi moi” (renovation) reform policy in 1986, Vietnam faces daunting challenges:

  • growth in total factor productivity has slowed; the demographic dividend is being eroded by low-wage competitors;
  • trade costs remain comparatively high;
  • its exports remain labour-intensive and low value-added; the benefits of economic growth are unevenly spread among its 58 provinces – 15% of the population, living in remote or rural areas, carry the burden of 50% of national poverty;
  • women are disproportionately represented in subsistence farming, in low-skilled, precarious employment and in the informal economy, and;
  • women remain underrepresented in senior management and the political class.

Implementation of the CPTPP also represents a significant challenge to Vietnam – a commitment to implement a comprehensive set of state-of-the-art trade disciplines that exceed the obligations of WTO agreements. Notwithstanding the suspension of certain measures after the US withdrawal (largely measures affecting intellectual property rights), the CPTPP calls upon Vietnam to further open its market, adopt stronger governance and regulatory practices, expand labour rights and meet higher environmental standards, provide greater protection to investments, and foster enhanced inclusiveness in trade. Implementing the many new obligations imposed by CPTPP membership will require support from CPTPP and development partners.

An EDM mission to Vietnam, conducted in November 2018, identified many technical assistance needs, including in trade policy capacity-building. Subsequent discussions with the Multilateral Trade Policy Department of the Vietnamese Ministry of Industry and Trade (the coordinating agency for EDM assistance projects in Vietnam) and the project leads for individual applicant organizations, established priority assistance projects for 2019-20. Among the priorities expressed by Vietnam was to support implementation of new intellectual property rights (IPR) required under the provisions of the CPTPP, to strengthen the enforcement of IPR in Vietnam and increase public awareness of IPR obligations.

This assistance is consistent with the approved EDM Country Needs Assessment Plan for Vietnam, Mandate 4, Implementation of CPTPP Intellectual Property Obligations. The assistance is also aligned with the EDM Performance Measurement Framework, including Immediate Outcomes 1210 Enhanced ability[1] of partner country governments to strengthen, implement and measure legislation, regulations and/or policies that support inclusive trade and investment agreements with Canada.

The direct beneficiaries of this assistance will be national and regional Vietnamese officials responsible for the enforcement of intellectual property rights, including public servants and members of the judiciary, and legal practitioners. Indirect beneficiaries include intellectual property rights owners and private sector companies trading in IPRs, both domestic and foreign.

Description of Assignment:

Assistance has been requested by the Intellectual Property Office of Vietnam, of the Ministry of Science and Technology, in implementing specific intellectual property obligations of the CPTPP, strengthening the enforcement of IPRs.

The Consultant will design and deliver a study tour to Canada for ten Vietnamese officials responsible for the enforcement of intellectual property rights, to meet with relevant Canadian government officials and legal practitioners, to learn how intellectual property rights are enforced, including through ex-officio enforcement authorities of border officials and criminal remedies.

Throughout the delivery of TA, the consultant will seek to identify opportunities to promote social inclusion, in both the short-term conduct of the project and longer-term economic policy development.

Technical Expert Profile/Expertise Required:

  • Applicants for this assignment must have extensive experience in the development, implementation and enforcement of intellectual property rights in Canada, including an understanding of the role and responsibilities of the relevant agencies.  
  • A thorough knowledge and understanding of CPTPP disciplines in intellectual property is also required.
  • Experience in the administration of intellectual property rights in both the public and private sector will be an asset.
  • Experience in the design and delivery of training/study tours on intellectual property would be an asset.
  • Experience in the delivery of related trade technical assistance would be an asset.
  • Fluency in Vietnamese would be an asset.
  • The EDM includes a core focus on gender and social inclusion as well as on environmental issues associated with trade activities. The approach to TA related to both topics are included in guidance documents that are available to both TA applicants and Technical Experts. Integrating such analysis will form a core part of the mandate of the TA provider therefore any prior experience in the provision of TA on gender equality and social inclusion and environment will be viewed as a strong asset.

Timelines:

November 2019 to March 2020.

The consultant will be home-based and will be required to do some travels to Vietnam.

Reporting and Deliverables:

Deliverables:

  • The Consultant will develop a detailed activity workplan for approval by EDM. This plan will consist of:
    • An overall implementation plan, activity timelines, and proposed level of effort and budget and;
    • A performance measurement approach, including specific performance measures to evaluate the success of the activities
  • Study Mission schedule – including a list of contacts and planned activities
  • Final activity report as per EDM report guidelines below

Reporting:

On conclusion of the activities, the consultant will prepare a final report as per EDM report guidelines, including:

  1. General context and broad objective(s) of the activity
  2. A summary of the approach and specific activities
  3. Expected and unanticipated challenges in the delivery of the activities
  4. Outlines results, including the immediate outcomes and the anticipated longer-term benefits
  5. Sustainability of results
  6. Contribution to gender equality, social inclusion and sustainable development
  7. Recommended performance management framework and specific performance measures
  8. Recommended next steps in the implementation of the CPTPP in Vietnam, including future EDM deployments. 
  9. Lessons learned for future EDM interventions

To apply:

  1. Describe your specific approach to implementing this TA, including a list of proposed meetings with relevant public and private sector organizations.
  2. Describe your project management and monitoring strategy for the implementation of the activity.
  3. Indicate all personnel who are being proposed to implement this activity and what their roles and responsibilities will be. Please include all CVs.
  4. Provide estimated level of effort and consulting rates for proposed team.

Please apply with your resume and cover letter by November 29, 2019:

1) Here, on our Career Page and, 

2) To Vicki Campbell, EDM Program Manager, at vicki.campbell@cowater.com.

Please note that while we thank all applicants, we are only contact short-listed candidates.

Only non-shortlisted applicants who applied through our Career Page will remain in our database for future opportunities.

[1] Includes the capacity to identify the necessary environmental and gender-sensitive and other inclusive legislation, policies, regulations and standards.