Geographical Indications Law in Vietnam
Vietnam has established a comprehensive legal framework for the protection of Geographical Indications (GIs), which are signs used to indicate that a product possesses qualities, reputation, or characteristics inherent to its geographical origin.
🇻🇳 Legal Framework for Geographical Indications in Vietnam
1. Intellectual Property Law
Vietnam's primary legislation governing GIs is the Intellectual Property Law, which has undergone several amendments, with the most recent in 2022. According to Article 4.22 of the Law, a GI is defined as a sign used to indicate the geographical origin of a product from a specific area, locality, territory, or country. The Law stipulates that the right to register a GI belongs to the State, but it may delegate this right to organizations and individuals producing products bearing the GI, collective organizations representing such producers, or local administrative authorities.
2. Decree No. 65/2023/ND-CP
This Decree provides detailed guidance on the implementation of several articles of the Intellectual Property Law concerning industrial property. It includes provisions on the registration procedures, rights and obligations of GI holders, and enforcement mechanisms.
🧀 Protection and Registration of GIs
Eligibility for Protection
A GI is eligible for protection in Vietnam if it meets the following conditions:
The product bearing the GI originates from the area corresponding to the GI.
Registration Process
The registration process involves:
Preparation of Application: Includes a description of the product's characteristics, a map of the geographical area, and evidence of the product's reputation or quality.
Submission to the National Office of Intellectual Property (NOIP): The application is examined for compliance with legal requirements.
Publication: The application is published for public opposition.
Examination: A substantive examination is conducted.
Decision: NOIP issues a decision to grant or refuse the protection title
The entire process typically takes several months, depending on the complexity of the application and any opposition received.
⚖️ Enforcement and Legal Protections
Rights of GI Holders
Holders of registered GIs have the exclusive right to use the GI for the designated product. They may license others to use the GI under specific conditions. The State retains ownership of the GI but grants usage rights to eligible entities.
Protection Against Infringement
The Law provides mechanisms to protect GIs against:
Unauthorized use of the GI.
Misleading use that causes confusion about the origin of the product.
Use of terms that are identical or similar to a protected GI, leading to unfair competition.
Infringements can lead to administrative sanctions, civil liabilities, or criminal penalties, depending on the severity of the violation.
🌐 International Agreements and Recognition
Vietnam is a member of the World Trade Organization (WTO) and a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which sets minimum standards for the protection of GIs. Additionally, Vietnam has entered into the EU-Vietnam Free Trade Agreement (EVFTA), which includes provisions for the mutual recognition and protection of GIs between Vietnam and the European Union.
🧭 Practical Considerations for GI Holders
Monitoring and Enforcement: GI holders should actively monitor the market for potential infringements and take appropriate legal action when necessary.
Public Awareness: Educating consumers about the significance of GIs can enhance the value and reputation of GI-protected products.
International Protection: GI holders may seek protection in other jurisdictions through international treaties and bilateral agreements.
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