Publication time limit for geographical indication registration in Vietnam

Presently, geographical indications not only bring material value but also other intangible values to the locality in particular and Vietnam in general. Geographical indications show the origin of products and goods corresponding to the climatic and human conditions of each specific region. In the article below, Viet An Law will provide legal information related to publication time limit for geographical indication registration in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, and 2022.
• Decree 65/2023/ND-CP has detailed several articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.
• Circular 263/2016/TT-BTC of the Ministry of Finance regulating collection rates, collection, payment, management, and use of industrial property fees and charges; amended and supplemented by Circular 31/2020/TT-BTC, Circular 63/2023/TT-BTC;
• Circular 23/2023/TT-BKHCN guiding the Intellectual Property Law and Decree 65/2023/ND-CP guiding the Intellectual Property Law on industrial property.

What is a geographical indication?

According to Clause 22, Article 4 of the 2005 Intellectual Property Law, amended and supplemented in 2009, 2019, and 2022, a geographical indication means a sign which identifies a product as originating from a specific region, locality, territory, or country.

The revised Intellectual Property Law 2022 has made technical corrections to the concept of geographical indications. Compared to the old definition ” a geographical indication means a sign which identifies a product as originating from a specific region, locality, territory, or country”, the new definition has ensured a more reasonable approach without changing the content of the regulations.

Conditions for protection of geographical indications:

According to Article 79 of Intellectual Property Law, a geographical indication shall be protected when it satisfies the following conditions:

• The product bearing the geographical indication originates from the area, locality, territory, or country corresponding to such geographical indication;
• 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

Specifically:

• The reputation of a product bearing a geographical indication is determined by the level of consumer trust in that product through the extent to which consumers know and choose that product.
• The quality and characteristics of products bearing geographical indications are determined by one or several qualitative, quantitative, or sensory criteria of physical, chemical, and microbiological nature and those criteria must be capable of being checked by technical means or experts with appropriate testing methods.
• Geographical conditions related to geographical indications are natural and human factors that determine the reputation, quality, and characteristics of the product bearing that geographical indication.
• The geographical area carrying a geographical indication has its boundaries precisely defined by words and maps.

Publication time limit for geographical indication registration in Vietnam

Publication date

According to Clause 1, Article 111 of the Intellectual Property Law, before applications for registration of inventions and industrial designs are published in the Official Gazette of Industrial Property, the State administrative body for industrial property rights must keep the information therein confidential.

During the examination of the geographical indication registration application, after the application is submitted to the National Office of Intellectual Property, the geographical indication registration application will be assessed in terms of form, specifically assessing the validity of the application according to the requirements of the form, the subject of exclusion, and the right to file. At the end of the formal examination stage, if the geographical indication registration application meets the requirements, the National Office of Intellectual Property will issue a decision to accept the valid application and publish the geographical indication registration application in the Official Gazette of Industrial Property.

The time limit for the publication

According to Clause 3, Article 111 of the Intellectual Property Law, a geographical indication registration application is published within two (02) months from the date the application is accepted as a valid application. The publication of the registration application is made public for third parties to know, so everyone can access detailed information about the nature of the subject matter stated in the application published in the Official Gazette of Industrial Property or request the National Office of Intellectual Property to provide such information and must pay fees for information lookup according to regulations.

The time limit for publishing a geographical indication registration application is the same as the time limit for publishing an industrial design or trademark registration application (both have a period of (02) months from the date the application is accepted as a valid application).

Publication fee

Applicants for geographical indication registration must pay application publication fees according to regulations.

Fees for publication of geographical indication registration applications are classified into the group of fees for publishing and registering industrial property information, so they are based on the table of industrial property fees and charges issued with Circular 263/2016/TT-BTC, amended and supplemented by Circular 31/2020/TT-BTC, Circular 63/2023/TT-BTC, the fee for publication of a geographical indication application is 120,000 VND.

Published content

According to Clause 3, Article 10 of Circular 23/2023/TT-BKHCN, the content published in the Official Gazette of Industrial Property includes relevant information:

• Formally valid application recorded in the decision accepting the valid application (including decision number and decision date);

• Information related to geographical indications:
  • Summary of specific characteristics of products bearing geographical indications and names of products bearing geographical indications;
  • Other information (if any).

Some frequently asked questions related to the time limit for the publication of geographical indication registration applications in Vietnam

When will the geographical indication registration application be published?

According to Clause 1, Article 111 of the Intellectual Property Law, the geographical indication registration application is published in the Official Gazette of Industrial Property after the National Office of Intellectual Property issues a decision to accept a valid registration application.

How long does it take to register a geographical indication?

According to Clause 3, Article 111 of the Intellectual Property Law, a geographical indication registration application is published within two (02) months from the date the application is accepted as a valid application.

What information is included in the publication of a geographical indication registration application?

According to Clause 3, Article 10 of Circular 23/2023/TT-BKHCN, the content of the publication of the geographical indication registration application in the Official Gazette of Industrial Property includes information related to the formally valid application recorded in the decision to accept a valid application (including decision number and date) and the information: summary of the specific nature of the product bearing the geographical indication and the name of the product bearing the geographical indication; and other information (if any).

How long does a third party have the right to object to the application after its publication?

According to Article 112a of the Intellectual Property Law, before the date of issuance of the decision to grant a trademark protection certificate, within three months from the date the geographical indication registration application is published, any third person has the right to oppose granting geographical indication protection certificates.

How much for the publication of a geographical indication application?

According to Circular 263/2016/TT-BTC, amended and supplemented by Circular 31/2020/TT-BTC, Circular 63/2023/TT-BTC, the fee for publishing a geographical indication registration application is 120,000 VND.

Geographical indication registration service of Industrial Property Representative – Viet An Law

• Legal advice on geographical indication registration;
• Support in synthesizing documents and drafting geographical indication registration documents;
• Representing clients, submitting documents, and monitoring the registration process at the National Office of Intellectual Property;
• Exchange and provide information to customers during the geographical indication registration process.

If you have questions or need support related to the time limit for the publication of geographical indication registration applications in Vietnam, please contact Viet An Law Firm for the best support!