Conditions for geographical indications to be eligible for protection in Vietnam

Conditions for geographical indications to be eligible for protection in Vietnam (Internet image)

1. What is a geographical indication?

Pursuant to Clause 22, Article 4 of the Law on Intellectual Property 2005 amended in 2009, 2019 explains geographical indications as follows:

Geographical indication means a sign which identifies a product as originating from a specific region, locality, territory or country.

(The amended Intellectual Property Law 2022, stipulates that geographical indication (GI) means the sign that indicates the geographical origin of the product from a specific area, region, territory or country.)

2. General conditions for geographical indications to be eligible for protection in Vietnam

In Article 79 of the Law on Intellectual Property 2005 amended in 2009, 2019 stipulates that geographical indications are protected if the following conditions are met:

- 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.

(Compared to the amended Intellectual Property Law 2022, homonymous geographical indications that satisfy the conditions specified above will be protected if they are used in a manner that does not cause confusion to consumers about their geographical origins and fair treatment of their manufacturers is ensured.).

3. Objects ineligible for protection as geographical indications in Vietnam

According to Article 80 of the Law on Intellectual Property 2005 amended in 2009, 2019, the following objects shall be ineligible for protection as geographical indications:

- Names and indications that have become common name of goods widely accepted by consumers in Vietnam.

- Geographical indications of foreign countries where they are not, or no longer, protected or used.

- 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

- Geographical indications which mislead consumers as to the true geographical origin of products bearing such geographical indications.

4. Reputation, quality and characteristics of products bearing geographical indications in Vietnam

Pursuant to Article 81 of the Law on Intellectual Property 2005 amended in 2009, 2019, reputation, quality and characteristics of products bearing geographical indications are as follows

- Reputation of products bearing a geographical indication shall be determined on the basis of the trust of consumers in such products to the extent such products are widely known to and selected by consumers.

- Quality and characteristics of products bearing a geographical indication shall be determined by one or more qualitative, quantitative or physically, chemically, microbiologically perceptible criteria which can be tested by technical means or by experts with appropriate testing methods.

5. Geographical conditions relevant to geographical indications in Vietnam

Pursuant to Article 82 of the Law on Intellectual Property 2005 amended in 2009, 2019 provides for geographical conditions related to geographical indications as follows:

- Geographical conditions relevant to a geographical indication means natural and human factors decisive to reputation, quality and characteristics of products bearing such geographical indication.

- Natural factors shall include climatic, hydrological, geological, topographical and ecological factors and other natural conditions.

- Human factors shall include skills and expertise of producers, and traditional production processes of localities.

6. Geographical areas bearing geographical indications in Vietnam

In Article 83 of the Law on Intellectual Property 2005 amended in 2009, 2019, geographical areas bearing geographical indications are as follows

Geographical areas bearing geographical indications must have their boundaries accurately determined by words and by maps.

Ngoc Nhi

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