A geographical indication in Vietnam is a sign used to denote products originating from a specific area, locality, territory, or country. Hereafter, Lawnet informs the newest procedures for the registration of geographical indications to our customers and members.
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Vietnam: Newest procedures for registration of geographical indications (Illustrative image)
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Application form for geographical indication registration
Specifically, according to Decision 3675/QD-BKHCN of the Ministry of Science and Technology regarding the announcement of amended administrative procedures related to intellectual property, the newest procedures for registration of geographical indications in Vietnam are as follows:
Step 1: Prepare the application for geographical indication registration
The applicant prepares 01 application, including:
- Application form for geographical indication registration(2 copies);
- Sample of the geographical indication presentation (10 samples, if the geographical indication is not a word, the size should not exceed 80mm x 80mm and not be smaller than 20mm x 20mm);
- Description of the characteristics, quality, and reputation of the product (02 copies);
- Map of the corresponding geographical area with the geographical indication (02 copies);
- Power of Attorney (if submitted through a representative);
- Copy of the fee and charge payment receipt (in case of payment via postal service or direct deposit to the Intellectual Property Office's account).
Note: According to Circular 263/2016/TT-BTC of the Ministry of Finance, the fees and charges for geographical indication registration are specified as follows:
- Application fee: 150,000 VND (per application);
- Publication fee: 120,000 VND;- assessment fee: 1,200,000 VND;
- Information search fee for assessment: 180,000 VND;
- Certificate issuance fee for geographical indication registration: 120,000 VND;
- Fee for recording Decision on issuance of patent: 120,000 VND;
- Publication fee for Decision on issuance of patent: 120,000 VND.
Step 2: Submit the application for geographical indication registration
The applicant chooses one of the following methods:
- Submit the application directly at the headquarters of the Intellectual Property Office in Hanoi or its two representative offices in Ho Chi Minh City and Da Nang; or
- Submit via postal service.
Step 3: Process the application for geographical indication registration
Firstly, formality assessment of the application: Within 01 month from the date of application submission, the authority examines the compliance with the form requirements and issues a Decision on acceptance of formality or a Notice of intention to reject formality, specifically:
- If the application is valid, the Intellectual Property Office issues a Decision on acceptance of the formality;
- If the application is invalid, the Intellectual Property Office issues a notice of intention to reject the formality, outlining the reasons and deficiencies causing the potential rejection, granting a 2-month period for the applicant to make corrections or provide feedback.
If the applicant does not correct the deficiencies/ the corrections are not satisfactory/ no feedback is provided/ the feedback is unreasonable, the Intellectual Property Office issues a Decision to reject the formality.
Secondly, application publication: Once a Decision on acceptance of formality is issued, the application will be published in the Industrial Property Gazette within 02 months.
Thirdly, substantive assessment of the application: Assessment of the protectability of the object stated in the application according to protection conditions within no more than 06 months from the publication date of the application.
Step 4: Return the results
- If the object stated in the application meets the protection requirements and the applicant pays the full fees and charges on time, the Intellectual Property Office issues a Decision on granting the Certificate of geographical indication registration, records it in the National Register of Geographical Indications, publishes it in the Industrial Property Gazette, and issues the Certificate of geographical indication registration.
- If the object stated in the application does not meet the protection requirements, the Intellectual Property Office issues a Decision to refuse the issuance of the patent.
Le Vy
