Geographical indication protection

Geographical Indication protection is very important. It will help businesses have the right to prohibit the incompetent person’s using Geographical Indication, or the products not originating from the geographical area specified, or exclude the products belonging to the same geographical area but they don’t meet quality requirements...

The sense of Geographical Indication protection:

In terms of legal aspects, Geographical Indication protection has a particularly important meaning. First of all, it helps businesses have the right to prohibit the using Geographical Indication of an incompetent person, or the products not originating from Geographical area specified, or exclude those items in the same Geographical area don’t meet quality requirements. Besides that, protect Geographical Indication so that they don’t become a generic name and indiscriminate with other common goods. Geographical Indication protection, also means that the business profits will obtain more than before.

The conditions for Geographical Indication protection registration:

 According to Article 79, Intellectual Property Law 2005, Geographical Indication will be protected if they satisfy the following conditions:

Article 79. General conditions for geographical indications to be eligible for protection:

A geographical indication shall be eligible for protection when it satisfies the following conditions:

1. The product bearing the geographical indication originates from the area, locality, territory or country corresponding to such geographical indication.

2. The product bearing the geographical indication has a reputation, quality or characteristics mainly attributable to geographical conditions of the area, locality, territory or country corresponding to such geographical indication.

Objects ineligible for protection as geographical indications:

The following objects shall be ineligible for protection as geographical indications:

1. Names or indications which have become generic names of goods in Vietnam.

2. Geographical indications of foreign countries where they are not, or no longer, protected or used.

3. Geographical indications identical with or similar to a protected mark, where the use of such geographical indication is likely to cause confusion as to the origin of products.

4. Geographical indications which mislead consumers as to the true geographical origin of products bearing such geographical indications.

(Article 80, Intellectual Property Law 2005)

Dragon limited liability Law Firm provides services:

- Evaluate the ability of Geography Indication protection;

- Consulting for client methods to dispose in the case Geographical Indication doesn’t meet standard requirement;

- Prepare legal documents, necessary  documents;

- Carry out procedures to apply for a certificate of Geographical Indication protection registration;

- Answer the notice of the National office of Intellectual Property.

- Represent for clients to work with competent agencies;

- Consult other relating issues such as: the owner issues, Geographical Indication protection...

- Consult the waring issues after receiving Protection application: The procedure for renewing, the issues relate to the change of Registration’s information.

Dragon limited liability Law Firm always direct to work style: “Right – Timely – Objectively” to give you the best and most effective legal services.

Enterprise Consultation Hotline: 1900.599.979

Website: www.dragonlaw.vn

 Email: dragonlawfirm@gmail.com

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