“Protection” includes the scope, duration, and enforcement of IPR.
Tuzin ’10 [Alexander; Spring/Summer; Attorney with a JD from the University of San Francisco School of Law; Loyola University Chicago International Law Review, “Vietnam’s Eligibility to Receive Trade Benefits Under the U.S. Generalized System of Preferences,” vol. 7]
Next, we consider the extent to which the country provides "adequate and effective" protection of intellectual property rights. The Senate Finance Committee Report explained that:
To determine whether a country provides "adequate and effective means," the President should consider the extent of statutory protection for intellectual property (including the scope and duration of such protection), the remedies available to aggrieved parties, the willingness and ability of the government to enforce intellectual property rights on behalf of foreign nationals, the ability of foreign nationals to effectively enforce their intellectual property rights on their own behalf, and whether the country's system of law imposes formalities or similar requirements that, in practice, are an obstacle to meaningful protection.