Geographical indication is one of the objects protected by law. The following article, lawyers would like to share to readers about “Procedures for registration of protection of geographical indications”.
Firstly, it is necessary to understand “what is a geographical indication”:
Geographical indication is a sign used to indicate products originating from a specific region, locality, territory or country.
The reputation of a product bearing a geographical indication is determined by geographical conditions, determined by the level of consumer confidence in that product through the extent to which the consumer knows and chooses the product. that product.
Geographical conditions that bring reputation, properties and quality characteristics of products bearing geographical indications include: Natural factors (climate, hydrology, geology, topography, ecosystems and conditions) other natural); Human factors (skills, techniques of producers, traditional local production processes …).
The quality and characteristics of products bearing geographical indications are determined by one or several qualitative, quantitative or sensory criteria of physical, chemical, microbiological and such criteria must be capable of controlling It can be investigated by technical means or experts with appropriate testing methods.
Geographic areas bearing geographical indications have boundaries that are precisely determined by words and maps.
1. Required documents:
– 02 declarations for registration of geographical indications and typing according to form No. 05-CDĐL, Appendix A of Circular 01/2007 / TT-BKHCN;
– A description of the specific properties / quality and / or reputation of the product;
– Map of the geographical area corresponding to the geographical indication;
– Receipt of fees and charges.
2. Other documents (if any)
– Power of attorney (if the geographical indication registration application is filed through an industrial property representation service organization);
– Documents certifying the permission to use special signs (if the protection claim contains symbols, flags and badges of domestic and international agencies and organizations …);
– Documents certifying registration rights;
– Documents certifying the enjoyment of registration rights from others;
– Documents proving the priority (if the application has a claim for priority).
3. General requirements for the application:
– Each application is only required to be granted a protection title and the type of protection title to be granted must conform to the geographical indications stated in the application;
– All documents of the application must be made in Vietnamese. For documents made in other languages as prescribed at Points 7.3 and 7.4 of Circular 01/2007 / TT-BKHCN, they must be translated into Vietnamese;
– All documents must be presented vertically (particularly drawings, diagrams and tables can be presented horizontally) on an A4-sized paper (210mm x 297mm), including four side, each side is 20mm wide, in Times New Roman font, the font is not smaller than size 13, except for the supporting documents whose source of the document is not intended to be included in the application;
– For documents that need to be made according to a set form, such forms must be used and filled in with information as required in appropriate places;
– If a document consists of many pages, each page must be inscribed with page numbers in Arabic numerals;
– Documents must be typed or printed in hard-to-fade ink, clearly and cleanly, without erasure or correction; In case of detecting a minor error of a spelling error in a document already submitted to the NOIP, the applicant may correct those errors, but the corrected spot must be signed for certification. (and seal, if any) of the applicant;
– The terms used in the application must be uniform and be common terms (not using local languages, rare words, homemade words). Symbols, units of measurement, electronic fonts and spelling rules used in applications must comply with Vietnamese standards);
– The application may be accompanied by supporting documents which are electronic data carriers of part or the whole of the single document content.
4. Fees and charges for registering geographical indications
– Application fee: 150,000 VND
– Application publication fee: VND 120,000
– Search fee for content evaluation: VND 180,000
– Content evaluation fee: VND 1,200,000
5. The time limit for processing geographical indication registration applications
From the date on which the NOIP is received, an application for geographical indications shall be considered in the following order:
– Formal examination: 01 month
– Publication of the application: within 2 months from the date the geographical indication registration application has a decision to accept a valid application
– Content evaluation: no more than 06 months from the date of publication.
6. Application form
The applicant may choose to submit paper or online application through the NOIP’s online public service portal, specifically as follows:
a) Paper application form
An applicant may submit an application for geographical indications directly or via a post service to one of the Intellectual Property Office’s receipt points, specifically:
– Office of Intellectual Property Department, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative office of Intellectual Property Department in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative office of the National Office of Intellectual Property in Da Nang City, address: Floor 3, 135 Minh Mang, Khue My Ward, Ngu Hanh Son District, Da Nang City.
In case of applying for a geographical indication registration application, the applicant needs to transfer money via postal service, and then make photocopies of the Money Transfer Receipt attached with the application file to one of the following points. receive the above application of the National Office of Intellectual Property to prove the amount paid.
(Note: When transferring a fee or fee to one of the above-mentioned NOIP’s application-receiving places, the applicant must send the corresponding dossier by post to the receiving point of that application).
b) Online application form
– Conditions for online application: Applicants need to have digital certificates and digital signatures, register an account on the online application receiving system and have their accounts approved by the National Office of Intellectual Property to make transactions. Translation of IP registration.
– Order of online filing: Applicants need to make a declaration and send a geographical indication registration application on the National Office of Intellectual Property’s online application receiving system, after completing the declaration and sending. Application on the online application system, the system will return to the applicant a confirmation of online submission. Within 01 month from the date of online filing, the applicant must go to one of the National Office of Intellectual Property’s receipt of the application on working days during the trading hours to produce a certificate of online submission. routes and attached documents (if any) and pay fees / charges as prescribed. If documents and fees / charges are complete as required, the applicant will issue the application number in the online application form, if there are not enough documents and fees / charges as prescribed. The application will be denied. In the event that the Applicant fails to complete the prescribed application procedure, the online document will be canceled and the Online Document Cancellation Notice will be sent to the Applicant on the Online Application Receiving System.