The State allows organizations and individuals to produce products bearing geographical indications, collective organizations representing such organizations and individuals, or the local administrative management agencies where the geographical indications are located. the right to register a geographical indication. So what is a geographical indication? With many years of experience in providing legal advice in the field of intellectual property, Hong Bang Law would like to offer advice on the procedure for registration of geographical indications in Vietnam as follows:
Legal basis
- Intellectual property law
- Circular 01/2007/TT-BKHCN-Guiding the implementation of Decree No. 103/2006/ND-CP dated September 22, 2006, of the Government detailing and guiding the implementation of several articles of the Intellectual Property Law intellectual property rights
- Circular 18/2011/TT-BKHCN- Amending and supplementing several provisions of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, as amended and supplemented under Circular No. 13/2010 /TT-BKHCN dated July 31, 2010, and Circular No. 01/2008/TT-BKHCN dated February 25, 2008, amended and supplemented according to Circular No. 04/2009/TT-BKHCN dated March 27/ 2009
- Decree 103/2006/ND-CP-Detailing and guiding the implementation of several articles of the Intellectual Property Law on industrial property
- Circular 13/2010/TT-BKHCN- Amending and supplementing several provisions of Circular No. 17/2009/TT-BKHCN dated June 18, 2009, and Circular No. 01/2007/TT-BKHCN dated June 14/ 02/2007
- Circular 05/2013/TT-BKHCN- Amending and supplementing several articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, guiding the implementation of Decree No. 103/2006/ND-CP detailing several articles of the Intellectual Property Law on industrial property, as amended and supplemented according to Circular No. 13/2010/TT-BKHCN dated July 30, 2010, and Circular No. 18/2011/TT -BKHCN dated 22/7/2011
Conditions
A geographical indication is a sign that refers to a product originating in a particular region, locality, territory, or country.
A geographical indication is protected if the following conditions are met:
- Products bearing the geographical indication originate from the region, locality, territory, or country corresponding to the geographical indication;
- Products bearing a geographical indication whose reputation, quality, or characteristics are mainly determined by the geographical conditions of the region, locality, territory, or country corresponding to such geographical indication.
The following objects are not protected as geographical indications:
- Names and indications have become common names of goods according to the perception of relevant consumers in the Vietnamese territory;
- A geographical indication of a foreign country in which the geographical indication is not protected, has been terminated, or is no longer in use;
- A geographical indication identical or similar to a mark being protected or filed under a mark registration application with an earlier filing date or priority date, if the use of such geographical indication is made is likely to confuse as to the commercial origin of the goods;
- Geographical indications mislead consumers about the true geographical origin of products bearing such geographical indications.
Geographical conditions related to geographical indications:
- Geographical conditions related to geographical indications are natural factors and human factors that determine the reputation, quality, and characteristics of products bearing such geographical indications.
- Natural factors include factors of climate, hydrology, geology, topography, ecology, and other natural conditions.
- The human factor includes the skills and techniques of the producer, the local traditional production process.
The dossiers and procedures
The dossiers:
- 2 copies of geographical indication registration, made according to form No. 05 – GI Appendix A, Circular 01/2007/TT-BKHCN;
- Describe the specific nature/quality and/or reputation of the product;
- Map of the geographical area corresponding to the geographical indication;
- Fee payment receipt;
- Authorization letter (if the geographical indication registration application is filed through an industrial property representation service organization);
- Written certification of permission to use special signs (if the protection claim includes symbols, flags, insignia of domestic and international agencies and organizations…);
- Documents confirming the right to register;
- A written confirmation of the right to register from another person;
- Papers proving the right of priority (if the dossier has a request for priority right).
The procedures:
Step 1: Apply for geographical indication registration:
Applicants can choose to apply directly at the NOIP’s one-stop-shop or online through the NOIP’s online public service portal.
Step 2: Verify the geographical indication registration application.
Assess the compliance with the requirements on the form of the application, thereby concluding whether the application is valid or not.
In case the submitted application contains errors, the NOIP shall notify the applicant and within 01 month from the date of notification, the applicant must correct such errors.
Step 3: Issue a notice to accept/reject the application:
In case the application is valid, the NOIP will issue a notice of acceptance of the application.
In case the application is invalid, the NOIP will issue a notice of refusal to accept the application.
Step 4: Publication of the geographical indication registration application:
Within 02 months from the date of accepting valid applications, the application will be published in the Industrial Property Official Gazette.
Step 5: Verify the content:
This procedure is intended to assess the protective ability of a geographical indication stated in an application. The time limit for substantive examination is 06 months from the date of publication of the application.
Step 6: Decide to grant/refuse to grant a protection title
In case the object stated in the application does not satisfy the protection requirements, the NOIP will issue a decision to refuse to grant the protection title;
If the object stated in the application satisfies the protection requirements and the applicant pays the fee, the NOIP will grant a protection title and record it in the National Register of Intellectual Property, and publish it in the Official Gazette.
The competent authority
Department of Intellectual Property of the Ministry of Science and Technology.
If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com
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