The reputation of a product bearing a geographical indication is determined by geographical conditions, which is determined by consumers' confidence in that product through how widely consumers know and choose the product.
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SUMMARY OF KEY CONTENTS
1. Concepts
2. Conditions for protection of geographical indications
3. Dossier to prepare
4. General requirements for application
5. Time limit for processing geographical indication applications
6. Application form
A geographical indication is a sign that refers to a product originating in a particular region, locality, territory or country.
The reputation of a product bearing a geographical indication is determined by geographical conditions, which is determined by consumers' confidence in that product through how widely consumers know and choose the product. that product.
Geographical conditions that bring about the reputation, characteristics and quality of products bearing geographical indications include: Natural factors (climate, hydrology, geology, topography, ecosystems and other conditions) other natural); Human factors (skills, techniques of producers, traditional local production processes, etc.).
The quality and characteristics of products bearing geographical indications are determined by one or several qualitative, quantitative or organoleptic criteria in terms of physical, chemical and microbiological and such criteria must be capable of controlling. can be checked by technical means or by an expert with a suitable test method.
Geographical area bearing a geographical indication whose boundaries are precisely defined by words and maps.
Right to register geographical indications:
The right to register geographical indications belongs to the State. The State allows organizations and individuals producing products bearing geographical indications, collective organizations representing such organizations and individuals or the local administrative management agencies where such geographical indications are located. right to register geographical indications.
The person who exercises the right to register a geographical indication does not become the owner of that geographical indication.
- Ownership and organization of management of geographical indications: belong to the State.
.The State directly exercises the right to manage geographical indications or grants the right to manage geographical indications to the managing organization exercising ownership rights over geographical indications.
- Right to use geographical indication
Individuals or organizations that manufacture/trade products bearing geographical indications in their respective geographical areas.
- Use of geographical indications
Attach protected geographical indications to goods, goods packages, means of business, transaction documents in business activities.
Circulating, offering for sale, advertising for the purpose of selling goods bearing a protected geographical indication.
Import of goods bearing a protected geographical indication.
A geographical indication is protected if the following conditions are met:
- Products bearing a geographical indication originating 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 that geographical indication.
Objects not protected in the name of geographical indications:
- Names and indications have become common names of goods in Vietnam;
- 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 that is identical or similar to a protected mark, if the use of such geographical indication is made, will cause confusion as to the origin of the product;
- A geographical indication misleads consumers about the true geographical origin of the product bearing that geographical indication.
- 02 Registration forms for geographical indications, typed according to form number: 05-CDDL Appendix A of Circular 01/2007/TT-BKHCN;
- A description of the specific nature/quality and/or reputation of the product;
- Map of the geographical area corresponding to the geographical indication;
- Proof of payment of fees and charges.
Other documents (if any)
- Power of attorney (if the geographical indication registration application is filed through an industrial property representation service organization);
- Documents that special signs are allowed to be used in (if the protection claim contains symbols, flags, badges of domestic and international agencies and organizations, etc.);- Documents confirming the right to register sign;
- Documents confirming the beneficiary of the right to register from another person;
- Documents proving preferential right (if the application has a claim for preferential right).
- Each application may only request for one protection title which must be consistent with the geographical indication stated in the application;
- All documents of the application must be made in Vietnamese. For documents made in other languages as prescribed at Points 7.3 and 7.4 of Circular No. 01/2007/TT-BKHCN, they must be translated into Vietnamese;
- All documents must be presented vertically (drawings, diagrams and tables can be presented horizontally only) on one side of A4 size paper (210mm x 297mm), with margins on all four sides, each margin is 20mm wide, in Times New Roman font, font size not smaller than 13, except for supporting documents whose origin is not intended to be included in the application;
- For documents that need to be made according to the form, it is mandatory to use those forms and fill in the required information in the appropriate places;
- If each type of document includes multiple pages, each page must have the page number in Arabic numerals;
- Documents must be typed or printed with indelible ink, in a clear, clean, unblemished, unedited manner; in case of detecting insignificant spelling errors in documents submitted to the NOIP, the applicant may correct such errors, but the corrected signature must be signed at the place of correction (and stamp, if any) of the applicant;
- The terms used in the application must be consistent and common terms (do not use dialects, rare words, and self-created words). Symbols, units of measurement, electronic fonts, and spelling rules used in the application must comply with Vietnamese standards);
- The application may be accompanied by a supporting document, which is an electronic data carrier of part or all of the content of the application.
Kể từ ngày được Cục Sở hữu trí tuệ tiếp nhận, đơn đăng ký chỉ dẫn địa lý được xem xét theo trình tự sau:
- From the date of receipt by the NOIP, the geographical indication registration application shall be considered in the following order:
- Formal assessment: 01 month
- Announcement of applications: within 2 months from the date on which a geographical indication registration application has a decision on acceptance of a valid application
- Substantive examination: no more than 6 months from the date of publication of the application.
Applicants can choose to file a paper application or an online application through the National Office of Intellectual Property's online public service portal, specifically as follows:
- Application
An applicant may submit a geographical indication registration application directly or via postal service to one of the NOIP's application receiving points, specifically:
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- National Office of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.
- Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: 7th floor, Ha Phan building, 17/19 Ton That Tung, Pham Ngu Lao ward, district 1, Ho Chi Minh city.
- Representative office of the National Office of Intellectual Property in Da Nang city, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of submitting the application for geographical indication registration by post, the applicant needs to transfer money through the postal service, then a photocopy of the remittance receipt attached with the application file to one of the following points: receive the above application from the National Office of Intellectual Property to prove the amount paid.
(Note: When transferring fees and charges to one of the above-mentioned application-receiving points of the National Office of Intellectual Property, the applicant needs to send the application by post to that application-receiving point).
- Online application form
- Conditions for online application: The applicant needs to have a digital certificate and digital signature, register an account on the Online Application Receiving System and have an account approved by the National Office of Intellectual Property to perform transactions for registering IP rights.
- Online application process: The applicant needs to declare and submit a geographical indication registration application on the NOIP's online application receiving system, after completing the declaration and submitting the application. on the Online Application Receiving System, the System will send back to the applicant a Confirmation of Online Document Submission. Within 1 month from the date of submitting the online application, the applicant must go to one of the NOIP's application receiving points on working days during trading hours to present the Certificate of Documents to be submitted online and attached documents (if any) and pay fees/charges as prescribed. If the documents and fees/fees are sufficient as prescribed, the application-receiving officer will issue an application number to the Declaration on the Online Application-Receiving System, if there are insufficient documents and fees/fees as prescribed. application will be refused. In case the Applicant does not complete the application procedure, the online document will be destroyed and the Online Document Cancellation Notice will be sent to the Applicant on the Online Application Receiving System.
Above is the content of instructions on registration procedures for geographical indications Thinh Tri Law Firm sent to readers. If you have any questions, please contact Hotline 1800 6365 for advice.
