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Procedures for Obtaining a Geographical Indication

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sblaw
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In order to reach the Geographical Indication registration certificate , the applicants have to fulfill the whole examination  procedure  consists of following steps: 1. Filing the application 2. Formality examination 3. Notification of the formality examination result 4. Refuse to accept the valid application 5. Publication of the application 6. Substantive Examination 7. Notification of substantive examination results 8. Notification of refusal 9.  Notification of intention to grant GI registration and request to pay fee

10. Issue the GI Registration Certificate
11.  Entry into the National Register of Industrial Property and publication of the GI Registration Certificate

Required documents of Geographical Indication applications

By
sblaw
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According to the Article 106 in Vietnam Intellectual Property Law:

1. Documents, samples and information identifying a geographical indication registered for protection in a geographical indication registration application include:

a/ The name or sign being the geographical indication;

b/ The product bearing the geographical indication;

c/ The description of peculiar characteristics and quality, or reputation of the product bearing the geographical indication and particular elements  of natural conditions decisive to the peculiar characteristics and quality, or reputation of the product (hereinafter referred to as the description of peculiar characteristics);

d/ The map of the geographical area bearing the geographical indication;

e/ Documents evidencing that the geographical indication is under protection in the country of origin in case of a foreign geographical origin;

2. The description of peculiar characteristics must have the following principal contents:

a/ Description of the relevant product, including raw materials, and physical, chemical, microbiological and perceptible properties of the product;

b/ Method of identification of the geographical area bearing the geographical indication;

c/ Evidence proving that the product originates from such geographical area, with the respective meaning provided for in Article 79 of Intellectual Property Law;

d/ Description of local and stable methods of production and processing;

e/ Information on relationship between the peculiar  characteristics and quality, or reputation of the product and the geographical conditions as provided for in  Article 79 of this Law;

f/ Information on the mechanism of self-control  of the peculiar characteristics or quality of the product.

Right to register geographical indications

By
sblaw
-

According to the Article 88 in Vietnam Intellecutal property Law, The right to register Vietnamese geographical indications belongs to the State.

The State allows organizations and individuals producing products bearing geographical indications, collective organizations representing such organizations or individuals or administrative management agencies of localities to which such geographical indications pertain to exercise the right to register such geographical indications. Persons who exercise  the right to register geographical indications shall not become owners of such geographical indications.

Reputation, quality and characteristics of products bearing geographical indications

By
sblaw
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According to the Article 81 in Intellectual Property Law, provisions of reputation, quality and charcteristics of products as follows:

*  Reputation of products bearing a geographical  indication shall be determined on the basis of consumers’ trust in such products through the extent of their being widely known to and selected byconsumers.

*  Quality and characteristics of products bearing a geographical indication shall be defined by one or several qualitative, quantitative or physically, chemically, microbiologically perceptible criteria which can be tested by technical means or experts with appropriate testing methods.

Intellectual Property Services of SBLAW

By
sblaw
-

SBLaw  provides  the  full  range  of  intellectual  property  services  covering  patent,  trademark, industrial design, copyright and domain name, enforcement and commercial exploitation of  IP rights.

Our  group  of  IP  Lawyers  and  technology  specialists  is  always  willing  to  assist  whether  you  areseeking  advices  how  to  begin  protecting  your  unique  ideas  or  to  deal with  the most  complex issues  in  the  various  aspects  of  IP.  Our IP practice covers  not  only  Vietnam  but  also  other countries in Asia and other regions where our associated offices locate.

We bring to Client valuable services for patentability research, trademark, industrial design, patent registration, copyright protection, watching and investigation of IP right Infringement, assistance in negotiation and obtaining IP Right Licensing, Franchising, Technology Transfer as well as commercial exploitation of IP Right Objects.

We are now IP Agent of MBank, Nippon Steel, VSTV, VTC, PVFI, MHY Singapore, Viettel, VIETNAM FUND MANAGEMENT, TVP STEEL, TIN NGHIA CORP, GELEXIMCO, KINHDO, DOMEXCO, MAY 10, KOVA, COMEXIM etc in Vietnam, Lao, Cambodia and Myanmar. In the addition, we are also co-operate with our associated IP Agents in Australia, China, Germany, Hong Kong, Indonesia, Japan, Korea, Malaysia, Singapore, Thailand, UAE and USA to protect IP rights for clients in Vietnam and abroad.

Below are some deals :

Acting for MBBank, VSTV, Ryukyu Cultural Technological Village Co.,Ltd, KOVA etc for trademark registration in Vietnam, Laos and Cambodia;

Acting for Ryukyu Cultural Technological Village Co.,Ltd being a plaintiff in a case relating to Copyright Infringement over its hand-made glasses in Vietnam;

Acting for VTC Online in negotiation with Sony Music Entertainment relating to use of music works in Vietnam;

Acting for a foreign invested company being a defendant in a case relating to Copyright Infringement over softwares in Vietnam;

Acting for a Local Bank to negotiate with its foreign partners on use of copyrighted art works in Vietnam for its commercial exploitation;

Advising for a Local Bank on Patent Protection relating to its software and business solutions in Vietnam.

Geographical conditions relevant to geographical indications

By
sblaw
-

According to the Article 82 in Intellectual Property Law, Geographical conditions relevant to geographical indications as:

1. Geographical conditions relevant to a geographical indication mean natural and human factors

decisive to reputation, quality and characteristics of products bearing such geographical indication.

2. Natural factors include climatic, hydrological, geological, topographical and ecological factors and

other natural conditions.

3. Human factors include skills and expertise of producers, and traditional production processes of

localities.

Subject matters not protected as geographical indications

By
sblaw
-

According to the Article  80, there are some subject matters shall not be protected as geographical indications, includes:

1. Names or indications which have become generic names of goods in Vietnam;

2. Geographical indications of foreign countries where they are not or no longer protected or no

longer used;

3. Geographical indications identical with or similar to a protected mark, where the use of such

geographical indications is likely to cause a confusion as to the origin of products;

4. Geographical indications which mislead consumers as to the true geographical origin of products

bearing such geographical indications.

 

General conditions for geographical indications eligible for protection

By
sblaw
-

According to the Article 79 in Vietnam Intellectual Property, A geographical indication shall be protected when it satisfies the following conditions:

1. The product bearing the geographical indication  originates from the area, locality, territory or

country corresponding to such geographical indication;

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.

What is Geographical indication?

By
sblaw
-

According to the Article 22.2 in Intellectual property Law of Vietnam, A geographical indication means a sign which identifies a product as originating from a specific region, locality, territory or country. Source of information goods as:
word, sign, symbol, imagine to indicate: a country, a region, a local commodity that is procedured from it.

Notification of refusal Industrial design application in Vietnam

By
sblaw
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Stamp with word refuse inside, vector illustration
If the applicant to whom the NOIP has sent a notice on its intended refusal of the application fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the set time limit,the NOIP shall send a notice on its refusal of the application.
When dissatisfaction is in the decision of refusal of examiners,the applicant may appeal against the decision of refusal with Director General of NOIP or initiate lawsuits at court in accordance with procedures mentioned in the item (4) above.

Notification of substantive examination results under Vietnam IP Law

By
sblaw
-
On the date of expiration of the time limit for substantive examination of an application at the latest,the NOIP shall send to the applicant one of the following notices:
*              A notice on its intended refusal to grant an industrial design patent,clearly stating the reason(s) for refusal and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to give opinions and satisfy the requirements(the applicant may request prolongation of the above time limit),if the object claimed in the application fails to satisfy the protection conditions;
*              A notice on its intended refusal to grant an industrial design patent,clearly pointing out errors and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to justify or correct errors (The applicant may request prolongation of the above time limit),if the object claimed in the application satisfy the protection conditions but the application still contains errors;
*                A notice on its intended grant of an industrial design patent and request the applicant to pay the fee as referred to in the Item (9),if the signs claimed in the application satisfy the protection conditions or the applicant satisfactorily corrects errors or makes reasonable justifications within the time limit;

Notification of substantive examination results under Vietnam IP Law

By
sblaw
-
On the date of expiration of the time limit for substantive examination of an application at the latest,the NOIP shall send to the applicant one of the following notices:
*                 A notice on its intended refusal to grant an industrial design patent,clearly stating the reason(s) for refusal and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to give opinions and satisfy the requirements (the applicant may request prolongation of the above time limit), if the object claimed in the application fails to satisfy the protection conditions;
*                   A notice on its intended refusal to grant an industrial design patent,clearly pointing out errors and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to justify or correct errors  (The applicant may request prolongation of the above time limit),  if the object claimed in the application satisfy the protection conditions but the application still contains errors;
*                  A notice on its intended grant of an industrial design patent and request the applicant to pay the fee as referred to in the Item (9), if the signs claimed in the application satisfy the protection conditions or the applicant satisfactorily corrects errors or makes reasonable justifications within the time limit;

Refuse to accept the valid Vietnam Industrial design application

By
sblaw
-

The refusal  accept the valid application of Vietnam Industrial design registration is realized as follows:

If the applicant to whom the NOIP has sent a notice on its intended refusal of the application fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the set time limit,the NOIP shall send a notice on its refusal of the application and,upon the applicant’s request,refund the paid fees and charges for jobs to be done after the formality examination.
Applicants and all organizations and individuals having rights and interests directly related to the decision may lodge a complaint with the Director General of NOIP or initiate a lawsuit at court if they disagree with this decision within 90 days from the date the person having the right to complaint receives the notice of this decision.
Within 10 days from the date of receipt of a complaint about the decision of refusal,NOIP shall issue a notice of acceptance or rejection of such complaint,clearly stating the reason(s) for rejection.
Upon the expiration of the time limit for settlement of the complaint about decisions or notices concerning the application for an industrial design patent (the 1st complaints) by the NOIP such decisions or notices,if the complaint is not settled or the complainant disagree with complaint-settling decisions of the NOIP,the complainant or person having rights and interests directly related to the decision may further lodge their complaints (the 2nd complaints) to the Minister of Science and Technology or initiate a lawsuit at court within 30 days from the date of expiration of the time limit for settlement of the 1st complaint if by that date the 1st complaint is not settled,or from the date the person having the right to complaint receives or knows about the decision on settlement of the 1st complaint. Upon the expiration of the time limit for settlement of the 2nd complaint above or if the complainant disagree with complaint-settling decisions of the Minister of Science and Technology,such complainant or person may initiate a lawsuit at court.

Notification of the formality examination result

By
sblaw
-

An application for a Industrial design registration filed with the NOIP shall be subject to formality examination for evaluating its validity.

Before the expiration of the time limit above,the NOIP shall complete the formality examination of applications and send notices on examination results to applicants.
*           For a valid application,the NOIP shall send to the applicant a notice on acceptance of valid application.
*           For an application failing to meet formal requirements,the NOIP shall send to the applicant:
With a notice of intended refusal to accept valid applications,clearly stating reasons and setting a time limit for the applicant to correct errors or to object such intended refusal and set a time limit of one month from the date of notification for the applicant to give opinions or correct errors;

Filing the Vietnam Industrial Design Application

By
sblaw
-
Filing the Vietnam Industrial design application is carried out as following:
In order to obtain right for industrial design in Viet Nam,you must file the application for granting an industrial design patent,directly or by mail,to the National Office of Intellectual Property of Viet Nam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.
Organizations,individuals of Viet Nam,foreign individuals permanently residing in Viet Nam and foreign organizations and individuals having a production or trading establishment in Viet Nam may file applications for an industrial design patent either directly or though a lawful representative in Viet Nam.
Foreign individuals not permanently residing in Viet Nam,foreign organizations and individuals not having a production or trading establishment in Viet Nam shall file applications for an industrial design patent through a lawful representative in Viet Nam.
The first to file principle
Viet Nam has adopted the first-to-file system,i.e. where two or more applications are filed by many different parties for protection of the same design,the patent may only be granted to the valid application with the earliest priority or filing date among
applications that satisfy all required conditions; where there are two or more applications satisfying all the conditions and having the same earliest priority or filing date,the industrial design patent may only be granted to a single application out of these applications under an agreement by all applicants. Without such an agreement,all these applications shall be refused for the grant of the industrial design patent.
Accordingly,it is advisable to file an application for an industrial design patent as soon as possible after the design was invented and not to make the design public before filing the application.
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