Decree 65/2023/ND-CP, newly issued and effective on August 23, 2023, has replaced many regulations on the protection and enforcement of industrial property rights under the Intellectual Property Law amended in 2022. In particular, the Geographical Indication Registration Declaration Form from August 24, 2023, is also replaced with updates that will be described by Viet An Law in the following article.
According to the definition in Vietnam’s Intellectual Property Law, a geographical indication is a sign used to indicate the geographical origin of a product from a specific area, locality, territory, or country.
Place names can be registered for protection for regional products in different forms: common trademarks (“Ben Tre” for coconut candy – a product of Ben Tre province); collective trademark (“Ha Giang” for oranges – product of Ha Giang province), appellation of origin (“Phu Quoc” for fish sauce – product of Phu Quoc island district) and geographical indication (“Vinh ” for orange products – products of Nghe An province).
Therefore, registering a place name that qualifies as a geographical indication is extremely necessary for traditional craft villages or a locality or region with many establishments and business households producing the specialty goods of the region. If not timely, the use of place names to sell the products they produce can be blocked by the owner of the trademark if it has been registered for protection in another form as a trademark. However, it should be noted that after successful registration, the owner of the rights to a geographical indication is the state (representative), not the application owner, or any independent individual or legal entity.
In the new declaration form, the person with the right to declare and submit the application is called the Applicant instead of the Application Owner as before.
The new application form also adds information about documents verifying the applicant’s identity in the case of an individual: citizen identification number.
Regarding the form of patent, at the same time Decree 65/2023/ND-CP supplements regulations on granting Certificate of Geographical Indication Registration (also known as Certificate of Geographical Indication Protection) in electronic or paper form.
For applications to establish rights filed from August 23, 2023 (the effective date of Decree 65/2023/ND-CP), the provisions of this Decree must apply, according to which the Diploma Paper protection is only granted in case the applicant selects that request in the geographical indication registration declaration according to the new form (stipulated in Article 29.1 of Decree 65/2023/ND-CP).
In the Minimum Documents section, “Description of product properties/quality/reputation” was changed to “Description of product specific characteristics”.
The new declaration form also no longer includes the “Map of geographical area” as a Minimum Document, but is now classified in the Other Documents section, which is not required in the application.
According to the provisions of Decree 65/2023/ND-CP:
The description of specific characteristics is the new name of the previous “Description of characteristics/quality/reputation of the product”. According to the new regulations, the description must contain the following main information:
Conditions for the Description of the specific characteristics of the product to be considered grounded and authentic:
The map of the geographical area corresponding to the geographical indication must show sufficient information to the extent that it is possible to accurately determine the geographical area with all the natural conditions that create the specific nature/quality and reputation. of product. For Vietnamese geographical indications, the map must be certified by the People’s Committee of the province or centrally run city where the geographical area corresponding to the geographical indication is located and can be submitted with documents. Description of geographical area.
Above are some updated contents related to the geographical indication registration form from August 24, 2023. If you need to register a geographical indication, please contact Viet An Law for the best support.
#3rd Floor, 125 Hoang Ngan, Hoang Ngan Plaza, Trung Hoa, Cau Giay, Hanoi, Vietnam