GEOGRAPHICAL INDICATION

 

Legal grounds:

– Law on intellectual property 2005

– Law amending and supplementing a number of articles of the law on intellectual property 2005

– Decree 103/2006/ND-CP detailing and guiding the implementation of a number of articles of the law on intellectual property regarding industrial property

– Circular 01/2007/TT-BKHCN guiding the implementation of the government’s decree no. 103/2006/NĐ-CP

– Circular 16/2016/TT-BKHCN

 

I. CONCEPT

Geographical indication means the sign used to identify a product as originating from a specific region, locality, territory or country.

The reputation of a product bearing a geographical indication is determined by geographical conditions, determined by the degree of consumer confidence in that product through the extent to which consumers know and choose the product. that product.

Geographical conditions related to geographical indications are natural factors (climate, hydrology, geology, topography, ecosystems and other natural conditions); Human factors (skills, techniques of the producer, traditional local production processes …)

Quality, characteristics of products bearing geographical indications determined by one or more physical, chemical or microbiological qualitative, quantitative or sensory criteria and such criteria must be capable of can be checked by technical means or experts with appropriate inspection methods.

1. Right to register geographical indications

Geographical indications need to be registered at the National Office of Intellectual Property (NOIP).

The right to register Vietnamese geographical indications belongs to the State.

The State shall permit organizations and individuals producing products bearing geographical indications, collective organizations representing such organizations or individuals, and administrative bodies of localities to which such geographical indications pertain, to exercise the right to register geographical indications.

Persons who exercise the right to register geographical indications shall not become owners of such geographical indications.

2. Ownership and organization of geographical indications

The State is the owner of geographical indications of Vietnam.

The State shall directly exercise the right to manage geographical indications or grant that right to organizations representing the interests of all organizations or individuals granted the right to use geographical indications.

3. Right to use geographical indications

Individuals, organizations producing/trading in products bearing geographical indications in their respective geographical areas.

4. Use of a geographical indication

4.1. Affixing the protected geographical indication in or on goods or goods packages, business facilities, and transaction documents in business activities;

4.2. Circulating, offering, advertising for sale or stocking for sale goods bearing the protected geographical indication;

4.3. Importing goods bearing the protected geographical indication

 

II. CONDITIONS FOR PROTECTION OF GEOGRAPHICAL INDICATIONS

1. A geographical indication shall be eligible for protection when it satisfies the following conditions:

1.1. The product bearing the geographical indication originates from the area, locality, territory or country corresponding to such geographical indication.

1.2. The product bearing the geographical indication has a reputation, quality or characteristics mainly attributable to geographical conditions of the area, locality, territory or country corresponding to such geographical indication.

2. Objects ineligible for protection as geographical indications

2.2. Names and indications that have become a common name of goods widely accepted by consumers in Vietnam.

2.3. Geographical indications of foreign countries where they are not, or no longer, protected or used.

2.4. Any geographical indication that is identical or similar to a trademark under protection or being submitted under a trademark application with early or privileged submitting date, the use of which may cause confusion over the commercial origin of goods.

2.5. Geographical indications which mislead consumers as to the true geographical origin of products bearing such geographical indications.

 

III. REGISTRATION PROCEDURE GEOGRAPHICAL INDICATION

1. Composition profile

In order for a geographical indication protection registration application to be accepted by the NOIP, an organization or individual must submit at least the following documents:

1.1. Declaration for registration geographical indication;

1.2. Description of particular characteristics and quality of products bearing the geographical indication and a map of the geographical area subject to the geographical indication;

1.3. Map showing the indicated territory

1.4. Copies of fee and charge receipts (for paying the fee via post services or directly paying into the account of the National Office of Intellectual Property)

In addition to the above documents, in some cases organizations and individuals need to supplement other documents as follows:

1.5. Documents proving that the geographical indication is being protected in the country of origin and its Vietnamese translation; (for registration for protection of geographical indications abroad);

1.6. Power of attorney to perform procedures (if the application is filed through a representative).

2. Application form

2.1. Paper application form

Applicants can apply for geographical indication registration directly or by post to the NOIP

2.2. Online application form

2.2.1. Conditions to apply online:

Applicants need to have a digital certificate and digital signature, register an account on the Online Application Processing System and have an account approved by the NOIP to perform the transactions IPR registration translation.

2.2.2. Online application procedure

Step 1: The applicant needs to declare and submit the geographical indication registration application on the National Office of Intellectual Property’s Online Application Reception System,

Step 2: After completing the declaration and submitting the application on the Online Application Reception System, the system will send back to the applicant the Online Documentation Confirmation Form.

Step 3: Within 01 month from the date of submitting the online application, the applicant must go to one of the National Office of Intellectual Property’s application receiving points (on working days, during business hours) to present the Document Confirmation submit online and accompanying documents (if any) and pay the required fees/charges.

If the documents and fees/charges are complete as required, the application officer will issue the application number to the Declaration on the Online Application Reception System,

If there are insufficient documents and required fees/charges, the application will be denied.

In case that the Applicant fails to complete the required application procedure, the online document will be destroyed and the Online Document Cancellation Notice is sent to the Applicant on the Online Application Reception System.

3. Procedures for processing geographical indication registration applications

From the date of receipt by the National Office of Intellectual Property, geographical indication registration applications are considered in the following order:

3.1. Formality examination of applications

3.2. Publication of valid applications

3.3. Substantive (ex-officio) examination of applications

3.4. Grant of or refusal to grant protection titles

3.5. Official registration and publication of decisions on the grant of protection titles.