What conditions must be met for geographical indications protection?

Protection of geographical indications helps protect typical local products, enhances brand value and income for producers. This process requires meeting strict conditions regarding geographical origin, quality and product characteristics. Please follow the following article, Long Phan will provide detailed information about the legal requirements and necessary procedures to register for geographical indication protection in Vietnam.

What is a geographical indication?

Geographical indications are signs used to indicate products originating from a specific area, locality, territory or country and are specified in Clause 22, Article 4 of the Law on Intellectual Property 2005, amended change and supplement 2022.

Conditions for protection of geographical indications

Article 79 of the Law on Intellectual Property 2005, amended and supplemented in 2022, stipulates two main conditions for geographical indications to be protected. Specifically, include the following requirements:

• First: Products bearing geographical indications have geographical origin from the area, locality, territory or country corresponding to the geographical indication;
• Second: Products bearing geographical indications have reputation, quality or characteristics mainly determined by the geographical conditions of the area, locality, territory or country corresponding to that geographical indication.

Homonymous geographical indications that meet the conditions specified above are protected if such geographical indications are used in practice in a manner that does not confuse consumers about the geographical origin of the product bearing the geographical indication and ensures the principle of fair treatment between organizations and individuals producing products bearing such geographical indications.

Procedures for registration of geographical indication protection

Registration documents

When carrying out the registration procedure, you need to prepare all types of documents according to the following regulations:

1. Geographical indication registration declaration according to Form No. 09 in Appendix I of Decree No. 65/2023/ND-CP;
2. Samples presenting geographical indications (05 samples, if geographical indications are not words, size not larger than 80mm x 80mm and not smaller than 20mm x 20mm);
3. Products bearing geographical indications;
4. A description of the specific characteristics of the product bearing the geographical indication;
5. Map of the geographical area corresponding to the geographical indication;
6. Documents proving that the geographical indication is being protected in the country where that geographical indication is located (if it is a foreign geographical indication);
7. Documents explaining the conditions for use and how to present geographical indications to ensure the ability to distinguish between geographical indications (if they are homophonic geographical indications);
8. Power of attorney (if applying through a representative);
9. Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Office’s account).

Legal basis: Clause 1 Article 100, 101, 106 Law on Intellectual Property 2005, Part IV Appendix I Decree 65/2023/ND-CP and Article 28 Circular 23/2023/TT-BKHCN.

Implementation steps

Pursuant to Decision 3038/QD-BKHCN issued by the Ministry of Science and Technology on December 18, 2023. The process of registering for geographical indication protection includes five main steps and is carried out as follows:

Step 1: Receive application

• Individuals and organizations submit registration applications and registration applications can be submitted directly or sent by post to the Intellectual Property Office headquarters in Hanoi or 2 Representative Offices of the Department in the City. Ho Chi Minh and Da Nang.

Step 2: Verify the application form

• In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application;
• In case the application is invalid, the National Office of Intellectual Property shall issue a notice of intention to refuse to accept the application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a time limit of 2 months to accept the application. The applicant has comments or corrects errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/has no objections/unreasonable objections, the National Office of Intellectual Property will issue a decision to refuse to accept the application.

Step 3: Announce the application

After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.

Step 4: Appraise the content of the application

Evaluate the ability of the subject matter stated in the application to be protected according to the protection conditions.

Step 5: Make a decision to grant/refuse to grant a protection title

• If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property will issue a decision to refuse to grant a protection certificate;
• If the subject matter stated in the application meets the protection requirements and the applicant pays the fees and charges in full and on time, the National Office of Intellectual Property will issue a decision to grant a protection certificate and record it in the Register. national registration on geographical indications and publication in the Industrial Property Official Gazette.

Consulting and support on in-depth and comprehensive geographical indication protection at Long Phan

Long Phan provides in-depth consulting services on geographical indication protection. Long Phan’s team of experienced experts will support customers throughout the entire registration process. The following are professional services at Long Phan:

• Consulting on strategies for building and protecting geographical indications.
• Advise on conditions for geographical indications to be protected.
• Prepare complete and accurate registration documents.
• Instructions on the order and procedures for quickly registering geographical indication protection.
• The representative submits the application and monitors the approval process.
• Support explanations and additional documents as requested by authorities.
• Consulting on issues that arise after registering for geographical indication protection.

Protecting geographical indications is a breakthrough that brings outstanding competitive advantages to typical local products. With Long Phan’s in-depth consulting services, customers will successfully protect and promote the unique value of their products. Please contact Long Phan via the hotline 0906735386 to receive detailed advice and effectively protect your unique local products.