What are conditions for geographical indications to be eligible for protection in Vietnam? Which objects are ineligible for protection as geographical indications in Vietnam?
What are conditions for geographical indications to be eligible for protection in Vietnam? Which objects are ineligible for protection as geographical indications in Vietnam?
Currently, I intend to open a workshop and business in Nha Trang fish cakes in the near future, but I don't know what are the conditions for geographical indication protection? What objects are ineligible for protection as geographical indications?
Please advise. Thankyou.
1. What are conditions for geographical indications to be eligible for protection in Vietnam?
Pursuant to Article 79 of the 2005 Intellectual Property Law on general conditions for geographical indications to be eligible for protection, specifically as follows:
A geographical indication shall be eligible for protection when it satisfies the following conditions:
1. The product bearing the geographical indication originates from the area, locality, territory or country corresponding to such geographical indication.
2. 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.
According to this Article, with this regulation, when you want to trade Nha Trang fish cakes, you need to meet the above two conditions for geographical indications to be eligible for protection in Vietnam.
2. Which objects are ineligible for protection as geographical indications in Vietnam?
In Article 80 of the 2005 Intellectual Property Law as amended by Clause 4, Article 2 of the Law on Insurance Business, the Amended Intellectual Property Law of 2019 about objects ineligible for protection as geographical indications, specifically as follows:
The following objects shall be ineligible for protection as geographical indications:
1. Names and indications that have become common name of goods widely accepted by consumers in Vietnam.
2. Geographical indications of foreign countries where they are not, or no longer, protected or used.
3. Any geographical indication that is identical or similar to a trademark under protection or being submitted under a trademark application with early or privileged submitting date, the use of which may cause confusion over commercial origin of goods.
4. Geographical indications which mislead consumers as to the true geographical origin of products bearing such geographical indications.
Thus, based on the above provisions, if a product falls into the cases referred to above, it will be ineligible for protection as geographical indications in Vietnam.
Best Regards!
