The geographical indication is a source of information about the goods: the term; signs; icon; image for only: a country, a region, a local commodity that is produced from it. 

As stipulated in Article 88 of the Law on Intellectual Property, the right to register geographical indications of Vietnam belongs to the State. State allows organizations and individuals to produce products bearing geographical indications, collective organizations representing organizations, individuals or bodies of local administration which has done a geographical indication right to register geographical indications. According to Article 8 of Decree No. 103/2006 / ND-CP, individuals and foreign organizations are rights holders for geographical indications under the laws of the country of origin may register geographical indications that at Vietnam 

Quality, reputation, reputation of the goods is due to that geographical origin. For example, "Made in Japan" (e), "Van Phuc" (silk); "Bat Trang" (ceramic) .. 

A form of geographical indications in particular "name origin". 

If only geographical names only (place) and reputation, product reputation reached tied to specific geographic area such that the instructions called "Appellation of origin of goods" . 

For example: "Phu Quoc" (fish sauce) 

1.1 The geographical indication are protected as information on the geographical origin of the goods satisfy the following conditions: 

  a) is expressed in words, signs, symbols or pictures, used to refer to a country or a region, locality of the country; 

b) displayed on goods or packaging of goods transaction documents relating to the sale of goods to instruction that the said goods originating in a country, region or locality and that the quality, credibility, reputation or other characteristic of such goods have been mainly due to that geographical origin. 

If only the geographical name of origin, the protection shall comply with the provisions of the existing laws of the appellation of origin of goods. 

The geographic information has become the common name of the goods, has lost the ability to geographic indications of source are not protected in the name of a geographical indication. 

  1.2 The right to use a geographical indication 

People have the right to use the geographical indication is that all organizations and individuals conducting production of goods bearing such indications in the national territory, region or locality, respectively, with the condition of goods by the producers must ensure that the goodwill or reputation of such goods. 

Documentation of application for registration of geographical indications: 

+ Declaration registration; 

+ Documentation, samples and information expressed objects of industrial property is registered (Specifically for applications for registration of geographical indications is a description of the nature and quality characteristics of products bearing geographical indications and maps of the geographical area corresponding to the geographical indication); 

+ Certificate of payment of fees and charges. 

  Requirements for application: 

+ Each application shall be required to grant a degree of protection; 

+ All application documents must be prepared in Vietnamese or translated into Vietnamese; 

+ All application documents must be presented in portrait orientation (drawings, diagrams and tables can be presented horizontally) on one side of A4 size paper (210mm x 297mm), in which margins four sides, each 20 mm wide, excluding the supplementary material that the source document is not intended to be included in the application; 

+ Documentation must be typed or printed in faded ink, a clear, clean, erase, do not fix; cases detected no significant errors of spelling error in a document filed with the Department of Intellectual Property, the applicant can fix the errors, but at the site of repair must be signed confirmation (and seal, if any) of the applicant; 

+ The term is used in the single common term (not dialects, from rare, from self-generated). Symbols, units of measurement, electronic fonts, spelling rules used in standard applications to Vietnam; 

+ The application may be accompanied by supporting documents as electronic data carriers of a part or the entire contents of the application materials 

The appraisal process pits registration: 

+ Evaluation form: 

As the evaluation of the validity of the application according to the form requirements, the subjects excluded, the right to apply ... to draw conclusions from that single valid or invalid. Formal examination period is 1 month from the date of filing. 

+ Announcing valid application: 

Application for registration of a geographical indication is accepted as valid are published in the Official Gazette of Industrial Property within a period of 2 months from the date accepted as valid. Content published application for registration of geographical indications is the information concerning the proper application stated in the notice of acceptance of valid applications, summarize the specific characteristics of the product bearing the geographical indication. 

+ Evaluation of content: 

Application for registration of a geographical indication has been recognized as a valid substantive examination to assess the ability to grant certificates of registration of geographical indications for objects in the application under protected conditions. The time limit for substantive examination of the application of geographical indications is 6 months from the date of publication 

3. LEGAL SERVICES OF THE GIA HOANG LAW FIRM 

Protection of geographical indications and appellations of origin of products is an effective way to protect their names and enhance value for Vietnam goods. We are honored to be providing services law firm protection of geographical indications for our customers through the following services: 

Evaluate the possibility of protection for geographical indications; 

Consultation documents prepared registered geographical indication; 

- Advice on the scope of protection of geographical indications; 

- Lookup and provide information on the registration of geographical indications protection; 

- Advising and representing clients register protected geographical indications; 

- Advice on the use of The geographical indication registered. 

- Advice and handling handle infringement of intellectual property rights on The geographical indication. 

- Advising and representing clients register the geographical indication in countries around the world. 

- Advice resolve complaints and disputes relating to The geographical indication. 

Gia Hoang law firm is pleased to offer law firms legal services for customers. 

 

Sincerely 

Lawyer Phan Mai