Brief Guide for Geographical Indication Protection in Vietnam

PROTECTION IN VIETNAM

General Conditions for Protection

 A Geographical Indication shall be eligible for protection in Vietnam when it satisfies the followings conditions: 

1. The product bearing the GI originates from the area, locality, territory or country corresponding to such GI; and
2. The product bearing the GI has a reputation, quality or characteristics mainly attributable to GI of area, locality, territory or country corresponding to such GI.

 Objects Ineligible for Protection as a Geographical Indication 

1. Names or Indications which have become generic names of goods in Vietnam
2. GI of foreign country where it is not, or no longer, protected or used
3. GI which misleads consumers as to the true GI of products bearing such GI.

 Required Documents 

a.   A Description of the Characteristics/Quality/Reputation of the Product

b.   A map of the relevant geographical location

c.   10 examples of presentation of GI of which dimensions are not less than 20mm by 20mm and not in excess of 80mm by 80mm.

 Timeframe for Examining an Application for GI 

An Application for registration of a GI shall be examined as to formality in a period of 01 months as from the date of filing. If accepted as to formality, the Application shall be published on the Official Gazette of Industrial Property within a period of 01 month or 02 months from the date of formality acceptance.

Upon formality acceptance by NOIP, the Application shall be subsequently examined as to substance within 6 months accounting from the date of publication.