Geographical indication registration form August 24, 2023

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.

Legal basis

• Law on Intellectual Property 2005, amended and supplemented 2009, 2019, 2022.
• Decree 65/2023/ND-CP guides the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and State management of intellectual property.

What is a geographical indication?

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.

New points to note in the geographical indication registration form from August 24, 2023 in Vietnam

Update applicant information

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.

Regulations on the form of a Geographical Indication Registration Certificate

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).

Accompanying documents

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.

Requirements for the form of documents accompanying the application form

According to the provisions of Decree 65/2023/ND-CP:

• All documents must be presented vertically, in Times New Roman font no smaller than size 13, with each margin 2cm wide.
• Page numbering of all documents is based on Arabic numerals.
• Contiguous stamps are required if there are 2 or more pages in case the applicant or the applicant’s representative is a legal entity.

Note about the description of specific properties of products bearing geographical indications

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:

• The specific properties of products bearing geographical indications are determined by geographical conditions: determined by sensory, qualitative, and quantitative physical, chemical, and biological criteria. These indicators must be determined and capable of being tested by technical means or by experts according to sampling standards and a defined test method; and/or
• The reputation of a product bearing a geographical indication determined by geographical conditions is determined through widespread knowledge of that product and choice of that product among relevant consumers, which can be verified; and
• Geographical conditions create the specific nature/quality and reputation of products bearing geographical indications, including factors such as:
  • climate, hydrology, geology, topography, ecosystem and other natural conditions;
  • the skills and techniques of the producer, including the local traditional production process (which may include one, several, or all stages, from raw material production, and raw material processing to creation). product and may include the product packaging step, if that step affects the properties/quality or reputation of the product), if that process is the factor that creates and maintains the product’s properties. / the specific quality and reputation of the product bearing the geographical indication, which contains clear and detailed information that can be checked (if the above information contains confidential information, If the technical know-how has not been disclosed or is not widely known outside the locality, the applicant has the right to refuse to provide detailed information about that secret or know-how without a commitment to confidentiality. such information upon your request); and
• The organic relationship between the specific properties/quality and reputation of products bearing geographical indications and geographical conditions;
• Information about the self-inspection mechanism for specific properties/quality of the product.

Note:

Conditions for the Description of the specific characteristics of the product to be considered grounded and authentic:

• Please attach documents proving that the information about nature/quality/reputation is well-founded and authentic (results of testing, research, investigation, )
• The described properties/quality must be typical of products of all manufacturers in the corresponding geographical area (determined based on collection, statistics, analysis, and synthesis of information, relevant data from all manufacturers in a geographical area or by an appropriate sampling method to ensure representativeness of all manufacturers in a geographical area).
• The physical, chemical, and biological criteria of products bearing geographical indications must be determined through the results of analysis, testing, and verification by laboratories, laboratories, calibration laboratories, certification agencies, inspection agencies, or other recognized conformity assessment agencies.

Note the map of the geographical area corresponding to the geographical indication

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.

Geographical indication registration declaration form from August 24, 2023

Services on geographical indication registration procedures of Viet An Law

• Legal advice on geographical indication registration procedures;
• Drafting geographical indication registration dossiers;
• Submit documents and monitor progress at the National Office of Intellectual Property;
• Exchange and provide information to customers during the geographical indication registration process.

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.