Procedures for registering geographical indications (central level) in Vietnam

Procedures for registering geographical indications (central level) in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Procedures for registering geographical indications (central level) are guided in Decision 3038/QD-BKHCN 2023 as follows:

1. Geographical indication registration dossier (central level)

The geographical indication registration dossier includes:

- Geographical indication registration declaration according to Form No. 09 in Appendix I of Decree 65/2023/ND-CP;

- Samples presenting geographical indications (05 samples, if geographical indications are not words, size not larger than 80mm x 80mm and not smaller than 20mm x 20mm);

- Products bearing geographical indications;

- A description of the specific characteristics of the product bearing the geographical indication;

- Map of the geographical area corresponding to the geographical indication;

- Documents proving that the geographical indication is being protected in the country where that geographical indication is located (if it is a foreign geographical indication);

- Documents explaining the conditions for use and how to present geographical indications to ensure the ability to distinguish between geographical indications (if they are homophonic geographical indications);

- Power of attorney (if applying through a representative);

- Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Office's account).

2. Procedures for registering geographical indications (central level) in Vietnam

- Step 1: Receive application

Organizations and individuals submit 01 set of geographical indication registration dossiers to the National Office of Intellectual Property.

- Step 2: Verify the application form

Check the compliance with formal regulations for the application, thereby drawing a conclusion about whether the application is considered valid or not (make a decision to accept the application as valid/refuse to accept the application). The geographical indication registration application is formally assessed by the National Office of Intellectual Property within one month from the date of receipt of the application.

+ In case the application is valid, the National Office of Intellectual Property shall issue a decision to accept the valid application, which must clearly state the name and address of the applicant and the name of the authorized representative (if any) and information about the subject stated in the application, application date, application number, and sent to the applicant;

+ In case the application is invalid, the National Office of Intellectual Property issues a notice of intention to refuse to accept the application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a deadline of 2 months. for the applicant to give comments or correct errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/no objections/unwarranted objections within the prescribed time limit, the National Office of Intellectual Property issues a decision to refuse to accept the application and sends it to the applicant.

+ In case the applicant proactively requests to amend or supplement the application or responds to a notice from the National Office of Intellectual Property, the formality appraisal time limit is extended by 10 days.

- Step 3: Announce the application

After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette according to regulations.

- Step 4: Appraise the content of the application

Evaluate the ability of the subject matter stated in the application to be protected according to the protection conditions.

- Step 5: Make a decision to grant/refuse to grant a protection title

+ If the object requested for protection stated in the application does not meet the protection conditions, falls into the cases mentioned in Article 117 of the Law on Intellectual Property, or meets the protection conditions but the application still has shortcomings, the National Office of Intellectual Property issues a notice of substantive examination results, clearly stating the intention to refuse to grant a Geographical Indication Registration Certificate, reasons for refusal or omissions of the application, and setting a deadline of 03 months. from the date of notification for the applicant to comment. If at the end of the time limit the applicant does not correct the errors or the correction is unsatisfactory, has no objections, or has objections that are not valid, within 15 working days from the end of the above time limit, the National Office of Intellectual Property shall issue a decision to refuse to issue the Certificate of Geographical Indication Registration.

+ If the object requested for protection stated in the application meets the protection conditions or the applicant has corrected the shortcomings satisfactorily or has properly explained the results of the substantive examination within the prescribed time limit, the National Office of Intellectual Property issues a notice of the results of the substantive examination of the application, stating the intention to issue a Certificate of Geographical Indication Registration and setting a deadline of 03 months from the date of notice for the applicant to pay the fee for granting the Certificate of Geographical Indication Registration, the publication fee and the registration fee to decide on the issuance of the Certificate of Geographical Indication Registration.

+ If at the end of the prescribed time limit, the applicant fails to pay all fees and charges as prescribed, then within 15 working days from the end of the above time limit, the National Office of Intellectual Property issues a decision to refuse to issue a Certificate of Geographical Indication Registration.

+ If the applicant pays all fees and charges in full and on time as prescribed, within 15 days from the end of the corresponding period, the National Office of Intellectual Property issues a decision to issue a Certificate of Geographical Indication Registration, record it in the National Register of Geographical Indications, and publish it in the Industrial Property Official Gazette.

- Step 6: Announce and register the decision to grant a protection title.

The decision to grant a Geographical Indication Registration Certificate is published by the National Office of Intellectual Property in the Industrial Property Official Gazette within 60 days from the date of decision and recorded in the National Register of Industrial Property according to regulations.

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