Intellectual Property – Trademark Collective

February 6, 2014
Collective marks are marks used to distinguish goods or services of the organization’s members are owners of the trademark goods and services of organizations and individuals that are not members of the organization that.
Collective mark with many outstanding features and is suitable for many local units in its current condition as :
Registration can be protected both products and services , the preparation conditions for registration is not complicated , costly form of protection as geographical indications ;
And especially not manage too complex for primarily by the collective organization is implementing brand owners , state agencies are not heavily involved in brand management after registration .
Another advantage of the protection and exploitation of collective marks is through this work can be collective power of communities to participate in the exploitation and protection of traditional values ​​of local, regional domain , through which community members can support and help each other in production , sales of branded products .

With such advantages , the last time , the collective trademark protection has been strengthened , which mainly collective trademark protection for the village or local specialty sites carry .
The fact that the collective mark after registration has not been used much in practice and the effectiveness of the protection has not been effectively exploited . There are many reasons as trademark owner is not the owner directly using the owner can use the organization as a member of that team , the team members held only be used when fully meet conditions and assessment procedures specified in the Regulation on the use of collective marks , one reason is that the production remains small and fragmented range of retail , business products still follow traditional methods system , mainly consumption goods in narrow range , so , some class members not wishing to set up branded products to bring to market . However, the main reason leading to the rate of collective marks are not used effectively by the owners is not finding brand management model appropriate collective marks .
In this thematic framework , we propose to model organizational management and collective marks . The proposed model is based on findings of the provisions of the law on the use of trademarks and evaluate results of management experience collective trademark in Vietnam .

1 . The general issues management collective mark
1.1 . concept

Collective marks are marks used to distinguish goods or services of the organization’s members are owners of the trademark goods and services of organizations and individuals that are not members of the organization that .
Ownership industry for a collective mark shall be established on the basis of decisions granting protection of Intellectual Property Department or recognized international registration under the provisions of treaties to which the Republic of society socialist Vietnam is a member .
Brand Management is the active exercise of trademark owners to run and supervise the use of the brand and ensure consistency in the use of the mark on goods or services bearing the mark of the organizations and individuals are empowered to use the mark .
The right to use collective marks belong to organizations and individuals that are members of collective organization and empower owners to use .
Development of a collective mark is implementing activities to promote the introduction of collective marks and goods and services branded exercise to enhance the value of goods and services , promotion activities commercialization of goods and services .

1.2 . Objectives and requirements of the management and use of a collective mark
The management and brand development team to achieve the goals and requirements:

Ensuring the right to use legitimate collective mark for organizations , individuals and preventing against acts of unlawful use of a collective mark ;
To ensure consistency in the use of the collective mark ;
Ensure goods and services branded group meets the conditions prescribed by brand owners as stated in the Regulation use the collective mark ;
It also enhances the economic value of goods and services , expand markets , increase income for producers , commodity trading , branded services .

1.3 . Entity management and participation in the management , use of a collective mark

Collective organization – owner of a collective mark ;
The members of the collective organization .

1.4 . Content management collective mark

Manage the use of collective marks ( stamps, labels , packaging branded products …. ) ;
Manage the production and processing of products according to technical processes to ensure the quality of branded products group ;
Manage the distribution , circulation and consumption of branded products on the market collectively .

2 . Prepare the necessary conditions to ensure the management of collective union label
2.1 . Build , strengthen the organizational structure consistent with management functions of a collective mark
The owner of a collective mark is established and operated under many different forms ( Society / Association ( Thai Nguyen Farmers Association – Thai Nguyen tea , Assembly and Production growers contemplate Rice University Phu An incense – flavored rice occupies Dai ​​Phu ) ; cooperative ( cooperative Agriculture Fisheries cuff – Hue tea bar , new model East – clams , or groups ( cooperative group snakehead fish dried production New Market , the mutual clubs commercial enterprise Chau Doc – Chau Doc fish sauce … ) .
In fact , the collective organization whether established before or established as required by the registration of a collective mark , the target -oriented activities and functions of the main tasks of this organization most are still inclined to support the manufacturing operations , business for members . Management functions and support members use collective mark has not been adequately concerned .
To ensure effective management , collective organizations should develop appropriate organizational structure for the department in charge of operating directly supervise the operations segment during use , management and exploitation of the label collective performance .
( i ) Where the owner of a collective mark was Society / Association
+ Executive Committee : a competent and responsible for the general administration of the entire operation / Association , including the management of the use of the collective mark ;
+ Supervisory Board : functional , competent supervision and control of the activities of the professional division / association , production , business and members of the inspection and supervision of the activities the professional division of the Association and the use of a collective mark of the members ;
+ The specialized divisions : professional division outside the field of management of the activities / Association ( planning – financial , technical , market …. ) , should establish an advisory unit , support the use of collective marks .
( ii ) Where the acquirer is owned cooperative
+ Management Board ( Board ) authorized and responsible for the general administration of all activities of the cooperative . Chairman of the Board meeting by delegates directly elected members ;
+ Supervisory Board : functional , competent supervision and control of the activities of the specialized sections of cooperatives and production activities , the business of the cooperative members . Supervisory Board by the Congress of directly elected members .
+ The professional division : division established professional functions and tasks of managing and supporting the use of collective marks .
( iii ) Where the owner of a collective mark is a group of producers ( cooperatives , clubs …. )

It should have the assignment of tasks between team members on duty , functional and managerial competence corresponds to the group’s activities ;

The members of the group , the group may establish a unified general supervision department to directly manage the use of collective union label.
2.3 . Building system text as the basis for the management of a collective mark
To be able to operate the system efficiently manage and use collective marks , there should be regulations and rules , detailed documentation . The documents required to be able to organize the activities of collective management of brands , including:
( i ) Management Regulation collective mark
– Competence building , issued : collective organization and chaired the building committee on the basis of consensus among the member organizations . Where there is no collective organization seal independent management regulations must be confirmed by authorities , the competent unit ( local PPC … ) ;

Main content : Regulation in accordance with the collective use of the mark has been issued and is filed registration dossier together with a collective mark :

+ Name , address , and formed the basis of the activities organized group is the owner of the mark;
+ The criteria for membership in the collective organization ;
+ The conditions of use of the mark ;
+ Measures against violations of the rules on using the mark;
+ The information about brands , goods or services bearing the mark;
+ The conditions for termination of the right to use the mark; ‘s obligation to use the mark ( quality assurance , specific characteristics of the goods or services bearing the mark , under the control of the trademarked and payment of management fees brands … ) ;
+ The right of trademark owners ( control compliance regulations use trademarks, brand management fee , suspend the right to use the trademark does not meet the conditions prescribed by the regulations on the use brand … ) ;
+ Licensing mechanism , control and supervise the use of the mark and ensure the quality and reputation of the goods or services bearing the mark;
+ Dispute resolution mechanism … ;
+ List of organizations and individuals are allowed to use a collective mark .
( ii ) The technical process ( production , processing , farming , storage … ) branded products group

Competence building , issued : collective organization on the basis of consensus among the member organizations ;

Main Contents : The technical regulations applicable mandatory for production facilities , business product in the manufacturing process , business products carry Acquirer ( production conditions , production methods , processing techniques , storage conditions … ) .
( iii ) Rules on the use of stamps, labels , packaging products

Competence building , issued : collective organization on the basis of consensus among the member organizations ;
Main Content : How to use stamps, labels , packaging branded products group (position , color , required information , the information / evidence of production facilities … ) .

( iv ) Planning and control of organized collective

Competence building , issued : collective organization on the basis of consensus among the member organizations ;
Main content : Specific provisions on the content control , location control , methods , measures , time control corresponding to each content ( controlled on the basis of papers , documents , test field … ) .

( v ) The rules and procedures , internal regulations
Depending on the type of collective organizations ( cooperatives , societies, associations , cooperative group , group … ) can be developed and issued the corresponding internal regulations , local regulations may include include : operating rules ; financial Management Regulation , profit sharing ; regulations tasks and authority of the department .

2.4 . Building systems and means to promote and exploit the collective brand value
To promote the meaning and value of collective marks in fact , parallel with the establishment of appropriate organizational structures and documents to serve the collective brand management , should take measures to exploit price value brands , including :
( i ) Design and publish documents introducing goods / services , logos , labeling systems used for collective marks ( flyers, posters , billboards … ) . System stamp , label goods / services and brochures goods / services are designed with the content at the request of the owner of a collective mark . The contents of the document to ensure adequate supply of information on goods / services , characteristics of goods / services to promote and introduce products / services to numerous consumers .
( ii ) Implement a program of activities to promote products / services branded in the fair , on the media ( newspapers, radio , websites , television … ) : participation introduction goods / services to which the certification mark in fairs and exhibitions every year , building a number of categories , reports on radio , local television station … to introduce the goods / services and brand ; design, introduction and operation of website promotion for goods / services .
( iii ) Develop plans for commercialization of goods / services , establish distribution channels of goods / services at home and abroad .
On the basis of the nature and potential consumption of goods / services , brand owners can conduct development on consumption goods channels / services accordingly. Initially a pilot at the supermarket consumption of large cities . Next it will conduct an investigation of market demand to expand the network of consumer goods / services to which the certification marks out other localities across the country and expand into overseas markets .

2.5 . Preparation conditions of facilities , equipment and techniques necessary for the management of a collective mark

The system stamps, labels , packaging branded products group : unified design and are used under the control of collective organization ;
The analysis equipment , quality score , measuring, counting , laboratory , pilot production area
Stamps product : Contains samples Acquirer , used to paste on the product;
Product Labels : Acquirer and the sample includes information relating to products , used to attach / paste on the product packaging .
Packaging products : used to store the products sold and / or transportation. Packaging products to ensure conformity with the nature of products and convenience during use .
The system means promoting products , which may include : Brochures, product websites introduced ; shelf products displayed for sale ; booth … ;
System facilities management services , control : in case there is not sufficient financial capacity to equip machines and facilities to serve the control of product quality , organizations can exercise hired to conduct the analysis of the exchange and evaluation of product quality (in the case or seasonal contract ) .

3 . Implement management activities and exploiting collective mark
The organization deployed operations management and exploitation acquirer should be done step by step with principles piloted on a small scale , then summed up , learn from experience and replicate the model .
To be able to manage and exploit effective acquirer should raise the participation and consensus between institutions , household production , products bearing the acquirer business .
The main content management deployment and exploitation Acquirer include:
3.1 . Selecting areas , production areas , to apply business pilot
The owner of a collective mark can make a list of meet all requirements and conditions of use collective marks participation model . The households were selected basis is the subject directly conduct manufacturing operations , business products / services branded collective , voluntary , enthusiastic , proactive and positive collaboration with professional bodies to develop test models apply .
3.2 . Organizations applying model

Apply the text , the actual regulations on management and use of collective union label ;
Provide training and guidance to its members on policy and plan development and brand management group , management practices and use of collective marks , regulations and procedures related to the use use of a collective mark … ;
Organizations use rights for all can meet the conditions of use of a collective mark ;
Evaluate , test conditions used by the acquirer organizations and individuals wishing to recognize the right to use the acquirer ;
Monitoring the use of , suspend or revoke the right to use the acquirer organizations and individuals violations ;
Manage and ensure the quality of products bearing the acquirer through the use of management systems stamps, labels , packaging products ;
Manage , supervise production , business of each member (area, volume , location , production capacity … ) ;
Construction and unified coordination mechanism , profit sharing , risk sharing between members ;
To implement activities to introduce , promote , promote commercial products carry Acquirer ;
Quality control of products bearing the acquirer ;
Develop , manage and monitor the implementation of the technical processes to ensure product quality to bring Acquirer ;
Research and application of organizational science – techniques to maintain and improve the quality of products bearing the acquirer …

3.3 . Chaired and coordinated deployment model
Collective marks owned by collective organizations named in the title of protection , so the task of managing the brand used by responsible owners . However, to increase the effectiveness of management and use of the mark , and to ensure the management of their state , state agencies , relevant expertise needed to support local development execution of the work under the scope , functions and duties of each unit :
( i ) For the Department of Science and Technology

Guide , assist in determining the collective organization registering and managing organizations using Acquirer ;
Guidance and support for the professional managers of collective organization ;
Organize advocacy , raising awareness of manufacturers , local business in the acquirer ;
Guide and support the printing , production and use stamps, labels , packaging products …

( ii ) For DARD

Support implementation activities to ensure , improve productivity , product quality ;
Support the implementation of the technical process that ensures product uniformity ;

( iii ) For the Department of Trade and Industry

Support implementation of trade promotion activities for products such as advertising and search markets ;
Support implementation of commercialization activities for product : promotion of products combined with activities to promote local tourism , festivals …

( iv ) the provincial People’s Committee / District (depending on the size and scope of production brought Acquirer ) : Direct support manufacturers , business products , and participate in monitoring the activities of collecting societies .

4 . To sum up , learn from experience and expand the scope of deployment operations management and exploitation Acquirer
Based on the evaluation results of the model implemented in the management of small -scale , collective organizations in coordination with the specialized agencies of the locality for the standard model , in accordance with the actual conditions to deployed widely applied to all member organizations .