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Issue the GI Registration Certificate

If the Geographical Indication Registration Certificate is granted, the NOIP shall request the applicant to pay the fee for the grant of a GI Registration Certificate , the fee for notification of the Registration Certificate grant decision, the registration fee and the fee for maintenance of the first year’s validity of the patent.

Within 10 days after applicants pay fully and on time the fees and charges, the NOIP shall carry out the procedures for granting the Registration Certificate for the invention.

The GI Registration Certificate shall be recorded in the National Register of Inventions and the decision on granting the GI Registration Certificate shall be published by the NOIP in the Industrial Property Official Gazette within two (2) months from the date of issuance and after applicants pay a publication fee.

Substantive Examination of GI application in Vietnam

The purpose of substantive examination of GI applications is to assess the eligibility of objects claimed in the application under the requirements and corresponding protection scope. An examination will be carried out by examiners of the NOIP within 6 months from the date of publication.
 If the applicant, in the course of substantive examination, corrects or supplements documents or makes justifications on his/her own initiative or upon the request of the NOIP, the time limit for substantive examination may be prolonged for a period of time during which the applicant does so.

Notification of substantive examination results in Vietnam

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 a GI registration, 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 a GI registration, 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 a GI registration and request the applicant to pay the fee as referred to in the Item (9), if the object claimed in the application satisfy the protection conditions or the applicant satisfactorily corrects errors or makes reasonable justifications within the time limit above.

Refuse to accept the valid application under Vietnam IP Law

Stamp with word refuse inside, vector illustration
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 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 of receiving the notice of this decision.
Within 10 days from the date of receipt of a complaint about the notice, the 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 GI registration (the 1st complaints) by the NOIP such notice, 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 those decisions 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.

The application for a Vietnam GI registration

The GI application shall consist of the following documents:
a)     A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);
b)    Documents, samples, information identifying the GI as provided for in Articles 106 of the IP Law 2005 of Viet Nam (e.g. a description of particular characteristics and quality of products bearing the geographical indication and a map of the geographical area subject to the geographical indication, …);
c)     Power of attorneys, if the application is filed through a representative;
d)    Documents evidencing the right to registration, if acquired by the applicant from another person;
e)     Documents evidencing the priority right, if claimed;
f)   Receipt of fees and charges.
All documents of the application shall be in Vietnamese, except for the documents mentioned at point c, d, e and other documents supporting the applications, which can be made in another language but shall be translated into Vietnamese at the request of NOIP.
Upon receipt of an application, the NOIP shall check the application’s documents before deciding whether or not to receive the application. If the application contains at least the documents specified at point a, b and f above, it will be accepted, other wise, it will be rejected.

Filing the Geography Indication Application

Filing the Vietnam Geography indication application is carried out as following:
The application for a GI registration must be filed 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 a GI registration 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 a GI registration through a lawful representative in Viet Nam.

Procedures for Obtaining a Geographical Indication

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

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

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

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.

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SBLaw  provides  the  full  range  of  intellectual  property  services  covering  patent,  trademarkindustrial designcopyright and domain name, enforcement and commercial exploitation of  IP rights.

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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;

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

Geographical conditions relevant to geographical indications

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

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

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?

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.