WHAT IS A GEOGRAPHICAL INDICATION? WHAT CONDITIONS MUST GEOGRAPHICAL INSTRUCTIONS TO BE PROTECTED?

A geographical indication is a protected object of industrial property rights. So what is a geographical indication? What is the law on geographical indications? In the article below, OTIS LAWYERS will share with readers about the legal regulations related to geographical indications.

Legal Grounds

Clause 2, Article 58 of the Law on Intellectual Property 2005 amended and supplemented in 2009, 2019

What is a geographical indication?

According to the provisions of Clause 22, Article 4 of the Intellectual Property Law, amended and supplemented in 2009, 2019, a geographical indication is a sign used to indicate a product originating from a region, locality, territory or country. specific family.

Examples of geographical indications are: Phu Quoc fish sauce, Hoa Loc sand mango, Thanh Ha lychee...

Protection conditions

According to the provisions of Article 79 of the Intellectual Property Law, geographical indications are protected if the following conditions are satisfied:

• Products bearing a geographical indication originate from the region, locality, territory or country corresponding to the geographical indication.
• Products bearing a geographical indication whose reputation, quality or characteristics are mainly determined by the geographical conditions of the region, locality, territory or country corresponding to that geographical indication.

Reputation and quality of products bearing geographical indications

• The reputation of a product bearing a geographical indication is determined by the level of consumer confidence in that product through how widely consumers know and choose that product.
• The quality and characteristics of products bearing geographical indications are determined by one or several qualitative, quantitative or sensory criteria in terms of physical, chemical, microbiological and such criteria must be capable of controlling. can be checked by technical means or by an expert with a suitable test method.
• Geographical conditions related to geographical indications are geographical conditions related to geographical indications, which are natural factors and human factors that determine the reputation, quality, and characteristics of products bearing the same characteristics. that geographical indication.

Objects not protected as geographical indications

The following objects are not protected as geographical indications according to the provisions of Article 80 of the Intellectual Property Law:

• Names and indications have become common names of goods in Vietnam.
• A geographical indication of a foreign country in which the geographical indication is not protected, has been terminated or is no longer in use.
• A GI that is identical or similar to a protected mark, if used, will cause confusion as to the origin of the product.
• A geographical indication misleads consumers about the true geographical origin of the product bearing that geographical indication.

Right to Register Geographical Indications

• The right to register geographical indications belongs to the State.
• The State permits organizations and individuals producing products bearing geographical indications, collective organizations representing such organizations and individuals or the local administrative management agencies where the geographical indications are located. the right to register a geographical indication.
• The person who exercises the right to register a geographical indication does not become the owner of that geographical indication.

Ownership and management organization of geographical indications

The ownership of geographical indications belongs to the State. The State directly exercises the right to manage geographical indications or assigns the right to manage geographical indications to a management organization exercising ownership rights over geographical indications.

Using geographical indications

According to the provisions of Clause 4, Article 121, Clause 7, Article 124 of the Intellectual Property Law, the use of geographical indications includes the following acts:

• Attaching protected geographical indications to goods, goods packaging, means of business, transaction documents in business activities.
• Circulating, offering for sale or advertising for the purpose of selling goods bearing a protected geographical indication.
• Import of goods bearing a protected geographical indication.

The above is our advice on geographical indications. We hope that this will be a useful reference for readers who want to learn the provisions of the law in the field of intellectual property.

OTIS LAWYERS. Intellectual property consulting service

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