Intellectual Property – Geographical Indications

February 6, 2014
“Geographical indication” means any sign used to identify a product as originating from the region, locality, region or country specific (Article 4:22 LIP). State allows organizations and individuals to produce products with geographical indications, collective organizations representing organizations and individuals or agencies that manage local administrative geographical indication where real the right to register the geographical indication. The implementation of the right to register geographical indications not become the owner of such geographical indications.

MANAGING THE USE OF GEOGRAPHICAL INDICATIONS FOR SPECIAL PRODUCTS

Vietnam is an agricultural civilization long , with community organizations is fundamental villages and therefore , the products of our tradition is primarily agricultural and handicraft goods . Each product bears the distinctive stamp of a country , a certain geographical area of the country . The featured products have been selected so through many generations ; associated with the sweat and labor of generations of our ancestors with the great cultural value , so should be preserved , keeping and development .

The history of social development has shown that one form of maintenance and protection of a traditional asset class that is most effective forms of protection of geographical indications . The protection of geographical indications , in addition to the preservation and protection of traditional asset classes , characterized also bring huge economic value for producers , while protecting the rights of consumers when buy select products with geographical indications are protected . The relationship between the product and the product origin and production be regarded not only as a heritage to be preserved , maintained that there is a value in the marketplace because consumers are increasingly concerned about the quality product in relation to the source , the production , the traditional values ​​and characteristics of the product .

However, actual development of products bearing geographical indications show that the protection of geographical indications practical significance only when geographical indications which are managed and strictly controlled and exploited , developing a systematic and effective .

In developed countries , issues management model construction and development of geographical indications have been interested for a long time . Depending on the situation and conditions of each country , the region and the nature of the types of products bearing geographical indications , each country has an organizational model and specific mechanisms for the management and exploitation geographical indications .

Management model proposed geographical indication for Vietnam
On the basis of the study abroad experience as well as survey and evaluate the management and exploitation of geographical indications in Vietnam , the Intellectual Property Department has conducted building and proposed management model only the geographical specialties of Vietnam , as follows :

1 . Management Objectives
The management of the geographical indications to ensure the following objectives :

a) The general objective
Set up and operation management system organization , quality control and trade promotion in order to develop the value of geographical indications, thereby ensuring :
– The right to use the geographical indication of the other organizations and individuals are eligible to use geographical indications , against the abuse of illegal use of a geographical indication ;
– Products bearing geographical indications must meet the conditions prescribed thereby maintaining the reputation and prestige of products bearing geographical indications , including through increased selling prices , market and income of the organization , individuals producing and trading products with geographical indications , while ensuring consumers are used to ensure product quality and geographical origin was correct as the Intellectual Property Department recognized .

b ) Specific objectives
– Set up and operate the system model organizations manage the use of geographical indications , manufacturing operations management , commercial and quality control for products with geographical indications ;
– Develop and document system tools and means as a basis for active management of geographical indications ;
– Market research , promotion , development introduced right value for geographical indications for products . Connect market for products bearing geographical indications through support services business development , bringing products bearing geographical indications to consumers at home and abroad to promote the competitive advantage of the product .

2 . Based on model building
– Based on practical construction management general model of geographical indications for agricultural products as a result of the Vietnam experience in managing research and development of geographical indications of the European Community and the countries of European Community as well as some management practices geographical indications in Vietnam
– The legal basis for general construction management model of geographical indications for agricultural products is the law of the current intellectual property , according to which:
– Ownership of a geographical indication belongs to the State .
– The right to manage geographical indications under the provincial people ‘s committee ( in the case of the geographical area corresponding to the geographical indication under 1 province ) or the Provincial People’s Committee is the authorized representative of the provincial people ‘s committees of provinces involved ( in the case of the geographical area corresponding to the geographical indication in many provinces ) .
– The right to use the geographical indication of the organization , individuals are empowered to use geographical indications . Organizations and individuals are given the right to use the geographical indication if production and trading of products originating in the geographical indications , quality and characteristics determine the Intellectual Property Department recognized ( in decision on registration of appellation of origin or certificate of registration of geographical indications ) .

3 . Model management systems

Subjects participating in the management of geographical indications including agency management geographical indications and collective organization of producers , business products with geographical indications .

Agency management of geographical indications by the provincial People’s Committee , municipalities under the Central Government where the geographical area corresponding to the geographical indication identifying and empowering management . The agency may be:
– Department of Science and Technology or the Department of Agriculture and Rural Development (depending on the level of involvement of this Department on procedures for registration of geographical indications or internal organizational management has been done previously ) ;
– District-level People’s Committees ( if the territory corresponding to the geographical indication of a district ) .
– Organize training can be delivered directly manage geographical indications which represents the interests of all organizations and individuals are empowered to use geographical indications .

Organizations participating in the collective management of geographical indications is held by manufacturers , business products bearing geographical indications and voluntary participation established under the provisions of law . Collective organization can be formed either as cooperatives or associations . The establishment of collective organization is needed to support agency management instruction in the implementation of the internal operations of manufacturers , trading products which carry Geographical Indications Authority reasonable instructions are difficult to implement .

Content management by agency management geographical indications perform include: The approval of the provisions and implementation procedures for review , evaluation and empowerment capabilities using geographical indications for organizations and individuals have requested; quality control , evaluation and certification of eligible products bearing geographical indications , control of compliance with the conditions of use of geographical indications of the organization individuals ( not participating in organized group of manufacturers , trading agricultural products bearing geographical indications ) .
Management Agency geographical indication shall:
– Develop and approve or the competent authority to approve regulations on empowerment using geographical indications ;
– Control the use of geographical indications in accordance with the provisions on the use of geographical indications has been issued and the provisions of other relevant laws ;
– Undertake measures against the infringement of rights to geographical indications ;
– Undertake measures to develop credibility , reputation and value of geographical indications .
To achieve the above-mentioned content management , agency management geographical indications given to the establishment or agency performing the function of quality control – quality control agency products bearing geographical indications reasonable .

Agency quality control can be given to the competent authorities of its management ; function of state management of product quality with conditions not directly or indirectly involved in the production and trading products bearing geographical indications and qualified or ability to mobilize human capacity , technical equipment and material conditions necessary to conduct controlled use of geographical indications . Agency quality control function to help agencies manage geographical indications control ( from the outside ) the use of geographical indications by members of collective organization and other organizations or individuals . Quality control agencies could assign ( Department of Standardization, Metrology and Quality or Applied Science and Technology Center ) or under the Department of Agriculture and Rural Development ( Extension Center … ) .

The mission of the Agency ‘s quality control :
– Inspection , evaluation and validation of quality products bring qualified geographical indications : This operation is necessary in case : empowerment requires use of a geographical indication , inspection requirements and determine recognized for product lot ( of organizations and individuals have the right to use geographical indications to market ) , and in handling the infringement of rights to geographical indications ; extraordinary examination of the quality or periodic products of these organizations and individuals are empowered to use geographical indications . Sampling methods and quality was determined using the method that was used to determine the conduct of product characteristics for registering geographical indications .
– Check , capacity assessment using geographical indications ( product quality and the natural conditions , human sesame production ) and given the right to use geographical indications : To empower grassroots use of geographical indications for organizations and individuals have requested , in addition to confirming the agency’s internal management about the possibility of using geographical indications , management agencies geographical indications to evaluate the conditions following products are manufactured in regions corresponding to geographical indications ; manufacturers to strictly apply the process of cultivation , production , processing , storage products … has been issued , and quality products have such characteristics have been registered .
– Quality control of products bearing geographical indications circulation and consumption on the market ;
– Grant and manage the use of certified quality stamp products with geographical indications ( if any) ;
– Inspection , detection and propose competent agencies to handle infringements incurred during the use of geographical indications .

Content management by implementing collective organization is :
– Review , verify eligibility and requirements management agencies geographical indications granted the right to use a geographical indication for members ;
– Manage production activities , trading members (area, volume , location , production capacity … of each member ) ;
– Research , construction , approval process and organization application , the application control regulations on cultivation , processing , preservation , agricultural production process carries a geographical indication ;
– Construction ( Design Stock rent ) and management systems using stamps, labels , packaging products , system counters, display racks products … ( organizational level labels , packaging products for the organization individual organizational needs , monitor and manage the use stamps, labels , packaging … ) ;
– Research and organizations apply the science – techniques to maintain and improve the quality of agricultural products bearing geographical indications ;
– Investigate , research and implement organizational channels for commercial products widely to promote and enhance the economic value of agricultural products bearing geographical indications .

The legal basis for organizing the management of geographical indications is :
– The legal provisions on geographical indications and intellectual property : Terms of use geographical indications ; infringements of the right to use geographical indications and sanctions ; …
– Certificate of registration of geographical indications or decision on registration of Appellations of Origin Verification: ( i ) Geographical indications are protected indefinitely breaths throughout Vietnam , ( ii ) products which geographical indications : name , description quality , characteristics , ( iii ) product origin : identify geographic areas where the product is produced , ( iv ) he has the right to manage geographical indications : Committee the provinces and cities directly under the Central Government , where the geographical area corresponding to the geographical indication ; ( v ) the right to use geographical indications : Organizations and individuals who may manage instruction geography permits ;
– The documents and regulations on the management of geographical indications by the People’s Committees of provinces and cities under central authority or approval issued to : empower management decisions ( if not directly manage ) ; Decision accrediting agency quality control ; rules of Procedure empowers using geographical indications ; decision approving the cultivation process , harvesting , storage …. products with geographical indications ; decision approving the operational regulations and quality control processes products with geographical indications and compliance with regulations on the use of geographical indications by management agencies geographical indications and collective organization of producers , business products with geographical indications.