What are the most important notes about GI registration in Vietnam?

1. Each GI application may register only one GI used for one product [1];

2. Requirements for “description of peculiar characteristics” [2]

A description of peculiar characteristics of the product must contain the following principal information:

(i) Enumeration of the given nature/quality of the product bearing the GI dictated by geographical conditions – by means of sense, qualitative and quantitative indicators to physical, chemical and biological properties, which can be tested by technical devices or experts using a specified testing method; and/or

(ii) Reputation of the product bearing the GI dictated by geographical conditions – determined through the widespread knowledge of interested consumers about that product, which can be tested; and

(iii) Geographical conditions liable to the nature/quality and reputation of the product bearing the GI, including unique meteorological, hydrological, geological, topographic and ecological elements and other natural conditions; unique elements being skills of producers, including also a traditional production process of the locality (which might cover one, several or all production stages, from production of materials, processing of materials to making of products, and even the stage of product packing if this stage has an effect on the nature/quality and reputation of the product) if that process is liable to create and maintain the nature/quality and reputation of the product bearing the GI, which contain information that is clear and detailed enough to be tested (if the above information contains secrets or technical know-how not yet disclosed or widely known beyond the locality, the applicant may refuse to supply detailed information on those secrets or know-how without being assured of confidentiality of those information upon his/her request); and

(iv) Correlation between particular nature/ quality and reputation of the product bearing the GI defined at Points (i) and (ii) above and geographical conditions defined at Point (iii) above.

The description of peculiar characteristics of the product must be accompanied with documents proving that information on the nature/quality/reputation are grounded and true (results of examination, research, survey, etc).

3. Requirements for “maps of geographical areas subject to GI” [3]

A map of a geographical area subject to a GI must be adequately informative, based on which the geographical area where exist all natural conditions liable to the particular nature/quality and reputation of the product can be accurately identified. The map may be submitted together with documents describing the geographical area subject to the GI.

FYI! A map of the geographical area corresponding to the GI is required as part of the application for GI registration. This map is used to demonstrate the geographical boundaries of the area where the product originates and is produced according to the specific characteristics and qualities that are associated with the GI.

The map must be confirmed by the applicant to be true and verified, which means that the applicant must certify that the map accurately reflects the geographical area associated with the GI and that the information provided is correct. This certification is typically done through a signed statement by the applicant or a legal representative attesting to the accuracy of the map and the information provided.

A map of the geographical area corresponding to the GI is required as part of the application for GI registration for several reasons:

To establish the link between the product and the geographical area: A GI is based on a unique link between a product and its geographical origin. By providing a map of the geographical area, the applicant can help to establish the specific characteristics and qualities of the product that are derived from its geographical origin.
To prevent false claims and misuse: By providing a map of the geographical area, the applicant can help to ensure that the GI is not falsely claimed or improperly used in connection with products that do not meet the criteria for GI protection.
To help consumers and producers: A map of the geographical area can provide a visual representation of the area and help consumers and producers understand the characteristics and qualities of the product associated with the GI.
To facilitate administrative procedures: The map of the geographical area can also help the examining authority to determine whether the application meets the requirements for GI protection and to verify the accuracy of the description of the product and its origin.

4. Documents evidencing that the GI is under protection in the country of origin if it is a foreign

The document that evidences that the GI is under protection in the country of origin is a required document for GI registration in Vietnam. This document is usually referred to as the “proof of protection” document. This document can take different forms depending on the legal system of the country of origin. For example, in some countries, the proof of protection may be a Certificate of Registration or a Declaration of Protection issued by the competent authority responsible for GI protection. In other countries, the proof of protection may be a court judgment or an administrative decision that recognizes the GI and its protection.

Regardless of the form of the proof of protection document, it must clearly demonstrate that the GI is protected in the country of origin and that the applicant has the legal right to use and register the GI in connection with the product. This document is crucial to establishing the validity and authenticity of the GI and to ensuring that it is not misused or falsely claimed.

FYI! The “proof of protection” document is important in granting a geographical indication (GI) registration certificate because it demonstrates that the GI is already protected in the country of origin, and that the applicant has the legal right to use and register the GI in connection with the product. This ensures that the GI registration is valid and authentic and that it is not misused or falsely claimed. It also serves as an important reference for the examiner to verify the authenticity and validity of the GI application.

One of the requirements for GI registration is that the product must originate from the geographic region that the GI represents, and that it possesses specific qualities or characteristics that are due to its origin. Therefore, the proof of protection document serves as evidence that the GI is associated with a specific geographic region and that the product meets the required characteristics. GI protection is intended to protect consumers from misleading information about the origin and characteristics of the product and to prevent unfair competition by unauthorized use of the GI by third parties.

Without the proof of protection document, it may be difficult to establish the authenticity and validity of the GI and the applicant’s right to use and register the GI. Therefore, the proof of protection document is an essential requirement for GI registration and is necessary to ensure that the GI is effectively protected and respected.

5. Documents evidencing that the GI is under protection in the country of origin if it is a foreign GI

Any documents submitted are in a foreign language to support the GI application in Vietnam must be translated into Vietnamese.

6. Procedures for registration of GI in Vietnam

Geographical Indication (GI) registration is a legal process that provides protection to distinctive products from specific geographical regions. In Vietnam, the GI registration process involves the following steps:

Step 1: Filing a GI application

An application for GI registration in Vietnam must be filed with the Intellectual Property Office of Vietnam (IP VIETNAM). IP VIETNAM will affix its stamp on the GI application and return an original GI application (inserted IP VIETNAM’s receipt stamp) as an official filing receipt to the applicant/IP agent.

Step 2: Examination for the GI application

A GI application will be firstly examined as to formality, then, published on the Industrial Property Gazette of Vietnam, and substantively examined therafter and grant of protection if meeting requirements of protection under the laws of Vietnam. Hereunder are detailed steps:

Formality examination:

Timeline: 01 months from the filing date.

It takes 01 month for IP VIETNAM to complete a formality examination of a GI application in Vietnam. In the course of formality examination, IP VIETNAM’s examiner shall examine the completeness, accuracy and conformity with requirements as set forth in Rule 13 and 14 of Circular No. 01/2007/TT-BKHCN. If the GI application is in conformity with the formality examination requirements, IP VIETNAm will issue a “Decision on formality acceptance” and then, wihin 02 months, will publish the GI application in the official gazette.

If GI is incomplete, incorrect, or not in accordance with the requirements set forth, IP VIETNAM shall notify the applicant under a “Notification of deficiency”, requesting the applicant to provide documents or correct the application to meet the requirements within 02 months from the date of notification. In case that the applicant cannot provide or correct the application within the given time limit, IP VIETNAM shall issue a “Decision of refusal of the GI application”.

The applicant shall have right to appeal IP VIETNAM’s Decision of Refusal within 90 days from the date of awareness or receipt thereof or file a lawsuit against IP VIETNAM’s Decision of Refusal within 01 from the date of awareness or receipt thereof.

Publication of application:

Timeline: 02 months from the date of the Decision of formality acceptance.

All GI applications accepted as formality shall be published in the Industrial Property Official Gazette within 02 months from acceptance date.

Substantive examination:

Timeline: 06 months from the publication date:

After the formality examination, IP VIETNAM will conduct a substantive examination of the GI application to determine whether it meets the requirements for protection as a GI in Vietnam. The following issues will be examined by IP VIETNAM in the course of substantive examination:

Whether an object stated in a GI application is considered incompatible with the type of GI protection title (e. whether it is not a visible sign used to indicate a product originating in a specific area, locality, territory or nation according to the provisions of Clause 22, Article 4 of Vietnam IP Law).
Whether there exists a geographical area subject to the GI stated in the application;
Whether the product originates in the above geographical area;
Whether the product has a given nature/quality and! or reputation dictated by geographical conditions of the above geographical area according to the provisions of Article 82 of the Intellectual Property Law.
Whether the GI sought for registration has become a common name of goods in Vietnam;
Whether the GI which belongs to a foreign country is not protected or ceases to be protected or has fallen into disuse in that country;
Whether the GI sought for registration in Vietnam is identical or similar to a protected mark in Vietnam and its use can mislead as to the origin of a product;
Whether the GI misleads consumers as to the true geographical origin of the product bearing it.

Informing of substantive examination result:

On the date of expiration of the time limit for substantive examination of a GI application at the latest, IP VIETNAM shall send to the applicant one of the following notices:

Notification of intention to grant protection:

If the object claimed in the GI application meets protection conditions, IP VIETNAM shall issue a “Notification on intention of granting protection” and set the time limit of 03 months from the issuance date of the notification for the applicant to pay registration fee.

Notification of refusal:

If the object claimed in the GI application does not meet the protection conditions, IP VIETNAM shall issue a “Notification of refusal”, in which clearly stating the reason(s) of refusal and setting a time limit of 03 months from the issuance date thereof for the applicant to give opinions. A 3-month extension request is acceptable if requesting in writing by the applicant.

If the correction and response to the notification of refusal of the applicant is accepted, IP VIETNAM shall issue a “Notification on intention of granting protection”. Otherwise, IP VIETNAM will issue “Decision of Refusal”.

Step 3: Grant, registration and publication of Certificates of registered geographical indications:

Within 15 days after the applicant makes full payment of the registration fees as required, IP VIETNAM shall carry out the procedures for granting Certificate GI Registration and recording in the National Register of Geographical Indications.

All decisions on granting the GI Certificate Registration shall be published in the Industrial Property Official Gazette within 02 months from the issuance date of the Decisions.

Timeline: In a smooth case, it may take 12-15 months from the filing date to obtain a GI Registration Certificate in Vietnam.

[1] Rule 43.2 of Circular No. 01/2007/TT-BKHCN

[2] Rule 43.2 of Circular No. 01/2007/TT-BKHCN

[3] Rule 43.5 of Circular No. 01/2007/TT-BKHCN

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