Copyright Expert for Vietnam in the context of CPTPP implementation

Date of Publication: 
October 25, 2019
Application Deadline: 
November 8, 2019
Company: 
Cowater International
Brief Description: 
Technical Expert - Terms of Reference
Project Name: Copyright in the Digital Era
Post Title: Copyright Expert for Vietnam in the context of CPTPP implementation
Deadline: November 8, 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 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 supported to adapt Vietnam’s copyright regime to digital media and the data-driven economy, as well as to the World Intellectual Property Organization Copyright Treaty (WCT and Performances and Phonograms Treaty (WPPT), to which Vietnam is committed to ratify and bring into force under the terms of the CPTPP.
 
This assistance is consistent with the 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 Outcome 1210, Enhanced ability1 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 the assistance will be Vietnamese Government officials responsible for the development and implementation of copyright law and regulations. Copyright owners, collectives and users, including educational institutions, will benefit indirectly, through better management and enforcement of copyrights.
 
Description of Assignment
Assistance has been requested by the Copyright Office of Vietnam, Ministry of Culture, Sports and Tourism, to provide guidance in the development of new copyright legislation through an examination of Canadian and international legislation, administration and enforcement models. This assistance will include:

1. The preparation of a research paper on Canadian and international copyright regimes, with a focus on the protection of copyright in digital media and the implementation of the WCT and WPPT.

2. The presentation of this paper at a one-day workshop in Hanoi, with the participation of Vietnamese Government officials responsible for managing the copyright regime.

 
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 copyright law and regulation in Canada, as well as advanced knowledge of the copyright regimes of CPTPP countries.
  • A thorough knowledge and understanding of CPTPP disciplines on copyright is also required.
  • Experience in the administration of copyright in both the public and private sector will be an asset.
  • Experience in the design and delivery of training on intellectual property would be an asset.
  • Experience in the delivery of TA related to trade 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 of these topics is 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
 
Reporting and Deliverables
Deliverables:
  • Mission plan – including a mission schedule, list of meetings and planned activities.
  • Research paper on Canadian and international copyright regimes, with a focus on the protection of copyright in digital media and the implementation of the WCT and WPPT.
  • Final activity report as per EDM report guidelines (see below).
 
Reporting:
On conclusion of the activities, the consultant will prepare a final report as per EDM report guidelines, including:
  • General context and broad objective(s) of the activity
  • A summary of the approach and specific activities
  • Expected and unanticipated challenges in the delivery of the activities
  • Outlines results, including the immediate outcomes and the anticipated longer-term benefits
  • Sustainability of results
  • Contribution to gender equality, social inclusion and sustainable development
  • Recommended performance management framework and specific performance measures
  • Recommended next steps in the implementation of the CPTPP in Vietnam, including future EDM deployments
  • Lessons learned for future EDM interventions
 
1 Includes the capacity to identify the necessary environmental and gender-sensitive and other inclusive legislation, policies, regulations and standards.
 
To apply:
1. Describe your specific approach to implementing this TA.
2. Describe your project management and monitoring strategy for the implementation of the activities.
3. Indicate all personnel who are being proposed to implement this project and what their roles and responsibilities will be. Please include all their CVs.
4. Provide estimate LOE and consulting rates for principal(s) implementing the project.
 
Please apply with your resume and cover letter by November 8, 2019:
1) 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.