VN Law Firm is an Intellectual Property Representative Organization of the Intellectual Property Office of Vietnam. After many years of operation, VN Law Firm is proud to be one of the most reputable law firms, providing the best services to clients in the field of legal consulting, intellectual property consulting services, and intellectual property representation services in Vietnam. VN Law Firm would like to guide our esteemed clients through the geographical indication registration procedure as follows:
1. Legal Basis
- Law on Intellectual Property No. 50/2005/QH11 (Articles 79, 80, 88, Clause 7 Article 93, Articles 108, 110, 139, Clause 1 Article 142);
- Amended Law on Intellectual Property No. 36/2009/QH12 (Clause 15 Article 1);
- Circular No. 01/2007/TT-BKHCN (Items 7, 12, 13 and 14 Section 1 Chapter I, Clauses 3 and 4 Section 1 Chapter I, Section 6 Chapter I);
- Circular 13/2010/TT-BKHCN (Clause 5 Article 2);
- Decree 103/2006/ND-CP (Article 8).
2. Conditions for protection of geographical indications
A geographical indication is a sign used to identify a product originating from a specific area, locality, territory, or country. The general conditions for a geographical indication to be protected are as follows:
- The product bearing the geographical indication has a geographical origin from the area, locality, territory, or country corresponding to the geographical indication;
- The product bearing the geographical indication has a reputation, quality, or characteristics mainly determined by the geographical conditions of the area, locality, territory, or country corresponding to that geographical indication.
3. Registration for protection of geographical indications
3.1. Application dossier for geographical indication protection
- 02 Geographical Indication Registration Declaration Forms, typed according to form number: 05-CDĐL Appendix A of Circular 01/2007/TT-BKHCN;
- Description of the specific characteristics/quality and/or reputation of the product;
- Map of the geographical area corresponding to the geographical indication;
- Receipts for fees and charges.
- Power of Attorney (if the geographical indication registration application is filed through Viet An Law);
- Documents confirming permission to use special signs (if the protection request contains symbols, flags, emblems of domestic and international agencies, organizations, etc.);
- Documents confirming the right to register;
- Documents confirming the enjoyment of registration rights from another person;
- Documents proving the right of priority (if the application requests priority rights).
3.2. Steps to carry out the geographical indication protection registration procedure
Step 1: Receiving the geographical indication registration application.
The application can be submitted directly or sent by mail to the headquarters of the Intellectual Property Office.
Step 2: Formal examination of the geographical indication registration application.
Checking compliance with formal requirements for the application, thereby concluding whether the application is considered valid or not.
If the dossier has deficiencies, the Intellectual Property Office will send a notice to the applicant, and within 01 month from the date of the notice, the applicant must rectify those deficiencies.
Step 3: Issuing a notice of acceptance/rejection of the application:
- If the application is valid, the Intellectual Property Office will issue a notice of acceptance;
- If the application is invalid, the Intellectual Property Office will issue a notice of rejection.
Step 4: Publication of the geographical indication registration application.
Within 02 months from the date of acceptance of a valid application, the application will be published in the Industrial Property Official Gazette.
Step 5: Substantive examination of the geographical indication registration application.
This procedure aims to assess the protectability of the geographical indication stated in the application. The duration for substantive examination is 06 months from the date of application publication.
Step 6: Issuing a decision to grant/refuse a protection title.
- If the subject matter stated in the application does not meet the protection requirements, the Intellectual Property Office will issue a decision to refuse to grant a protection title;
- If the subject matter stated in the application meets the protection requirements and the applicant pays all fees, the Intellectual Property Office will issue a decision to grant a protection title, record it in the National Register of Industrial Property, and publish it in the Intellectual Property Official Gazette.
4. VN Law Firm’s services regarding geographical indication registration procedure
- Legal consultation on geographical indication registration procedure;
- Drafting geographical indication registration dossier;
- Filing the dossier and monitoring the progress at the Intellectual Property Office;
- Communicating and providing information to clients during the geographical indication registration procedure.
