Intellectual Property – Trademark Certification

April 26, 2014
Certification marks are trademarks trademarks owned by allowing organizations and individuals to use on goods and services by organizations and individuals in order to certify the origin characteristics, materials, material, mode of manufacture of goods, how to provide services, quality, accuracy, safety or other characteristics of goods or services bearing the mark.
Certification mark on the goods when / service is confirmed signs and commitment to quality of goods / services . This contributes to enhance the prestige and value of the goods / services while helping consumers peace of mind when choosing goods / services . However, in practice the protection of certification marks are not really organizations , individuals and businesses interested in Vietnam .
In particular , we have a lot of products and services associated with specific places in the country , can be protected in the form of certificates of origin label . However, the number of certificates of origin mark is registered now very limited . This is a significant limitation for promoting trade for local specialties on domestic and foreign markets .
1 . Target brand management certification
Management is a certification mark of the activity owner label executive , overseeing the use of the mark and ensure the quality of goods / services bearing the mark of organizations and individuals are empowered to use trademark . Rights management certification marks belong trademark owners . The right to use the certification marks belong to organizations and individuals are empowered owners use . Organizations and individuals are empowered to use certification marks if fully meet the conditions and requirements specified in the Regulation on management certification mark has been registered at the Intellectual Property Department .
The mere fact that , after a certification mark is to be registered for protection and management of new development , the ability to promote brand value in practice . The management and development of a certification mark to achieve the following objectives :
1.1 . The general objective
The general objective is defined depending on the needs and conditions of each local unit in the creation , management , development and certification marks and characteristics of each type of goods or services bearing the certification mark receive . In particular , make sure the following general objectives :
– Improving the economic value of goods / services to which the certification mark ;
– Enhance credibility , reputation and market share in consumption of goods / services to which the certification mark , to ensure the goods / services only branded certification while ensuring adequate standards certified by trademark owner specified .
1.2 . Specific Objectives
Activity management certification marks should be directed to the following specific objectives :
– Establish a mechanism for the protection , management and exploitation of a certification mark for goods / services to ensure quality control , trade promotion for goods / services bearing the mark;
– Establish the conditions and facilities management and exploitation , development of a certification mark in accordance with the conditions of the unit , and the local nature of the goods / services branded certification ;
– Organization management system certification marks is built and operated in practice ;
– The mining operations , development of a certification mark is deployed in practice ;
– Economic value and market share of the goods / services to which the certification mark is improved .
To ensure management objectives certification marks , should clearly identify the participants under the management and brand management certification . These objects basically include the owner of a certification mark , the manufacturer , trading goods / services branded certificate and the State management agencies involved .
– The owner of the certification mark : is the person named in the degree of trademark protection certificates , to function , under controlled conditions , determine the criteria for certification of goods / services . For goods / services featured necessary certificates of origin and quality characteristics , certification bodies should be the agency management functions of the local specialty , be it Standards Department Quality or the Department of Agriculture and rural Development . Certification organizations must not directly or indirectly involved in the production and trading of goods / services branded certificate and have the ability to mobilize human and material conditions , technical needs to assess the quality of goods / services to which the certification mark .
– The production and trading of goods / services to which the certification mark : As organizations and individuals wishing to use the certification mark meet the conditions of use and be empowered to use the label certification . Manufacturers , sales of goods / services to which the certification mark though is subject to management but is a central element , the most important in systems development management and certification marks . They play a decisive role in the viability and operational efficiency of the management system .
– The management of the State Agency and the relevant units : To be able to operate the system efficiently manage and develop a certification mark , trademark owners need to mobilize the participation of the Authority State and units involved in the process of implementing the management and development of a certification mark .
2 . Based on model building management certification mark
To ensure management operations certification marks can be implemented effectively , should clearly identify the basis for model management , including :
2.1 . Legal Basis
– Intellectual Property Law 2005 as amended and supplemented in 2009;
– Certificate of registration of a certification mark by the National Office of Intellectual Property in defining the brand owner and the characteristics required certification for products / services to which the certification mark ;
– The writing process , regulation of production management , business products / services branded certificate was issued .
2.2 . Based Practice
– Economic conditions – social production areas , business products / services to which the certification mark ;
– Current status of production and business products / services to which the certification mark ;
– The nature and characteristics of specific products / services and branded certification requirements , special requirements need to be in the process of production , business products / services to which the mark certification
– The conditions and the actual possibility of certifying organizations – owners of certification marks and entities involved in management system certification marks .
3 . Management System Certification Marks
3.1 . Preparatory work prior to construction management model
3.1.1 . Survey the current use of the certification mark design theme appropriate management model
Before the construction of model management certification marks , need to conduct statistical surveys , to gather sufficient information relating to the goods / services and certification marks : current status and size production of goods / services , the management and development of a certification mark ; demand , growth potential goods / services … thereby making the work items need to implement appropriate and feasible . Activity surveys , investigations focused primarily on the following :
– Gather documentation , scientific research topics for goods / services : reputation , the specific criteria , the technical process of production, processing , storage and commercialization of goods / services … ;
– Consultation makers , experts on the specific criteria of the goods / services in appearance , organoleptic quality …. to be used as selection criteria for the certification of goods / services ;
– Investigation of the scale , the current status , assess the status of the activities of production and trading of goods / services . Statistics on the number of manufacturing establishments , business goods / services in the province .
These measures can be used to conduct information gathering including :
– Search and synthesize the available information on goods / services and production areas of the study , the subject / project earlier studies ;
– Fieldwork production areas ;
– Use Questionnaire ( direct interviews , questionnaire surveys … ) ;
– Consult the experts concerned .
The survey results will be summarized in a technical report as the basis for the deployment of next content .
3.1.2 . Ensure certification criteria consistent with the nature of the goods / services and the ability to match the evaluation and control of the certifying organization
The criteria required for certification of goods / services should determine , depending on the type of goods / services and objectives , needs certification trademark owners . In general , the criteria required for certification of goods / services could include some of the following criteria :
– Criteria of origin of goods / services : Location where the finished products , the production and processing of raw material products …
– Criteria for the quality of goods / services such as sensory criteria : shape , color , size , flavor of the product or the supply of services … ; Criteria criteria quality : birth , physical , chemical products , and the characteristics of the service … the criteria for determining the quality of goods / services are evaluated by sensory methods , measurement and analysis .
– Technical Criteria for the production of goods / service delivery methods such as material processing process of the product , finished product manufacturing process , process handling , storage products … These criteria are evaluated by means of expert opinions in conjunction with surveys and statistics , learn about the experience of producing and trading of traditional farmers .
The criteria should be certified goods / services can be set up Standards goods / services as a basis , the basis for the certification . This standard set by the owner of a certification mark or agency authorized , issued and disseminated to each manufacturer and trading of goods / services to which the certification mark . The certification body on the basis of this standard to conduct certification activities for goods / services.
3.2 . Building organizational model management system certification marks
The organizational model management system certification marks should be designed in accordance with the actual conditions of production and trading of goods / services branded and conditions of the agency , the participating units management .
Basically, the owner of the certification mark have full operational and supervisory management system certification marks and the use of certification marks . The owner of the certification mark have jurisdiction to review , evaluate and grant the right to use the certification mark for organizations / individuals in need . To consider and decide on granting the right to use the certification mark , the owner of the certification mark may direct or conduct the exchange hire professional bodies assess the quality criteria of the goods / services services . The results of analysis and evaluation of the professional bodies as a basis for the owner of a certification mark decision to grant or refuse to grant the right to use the certification mark .
Organizations or individuals wishing to use the certification mark must submit an application to trademark owners certificate granting the right to use the certification mark (Form Regulation issued together with the use of brand management certification ) . The owner of the certification mark chaired conduct actual inspection and production activities , business organizations and individuals requesting certification criteria , assess and hire professional securities analyst targets quality goods / services through sampling, sample analysis and assessment criteria farming techniques , thus empowering decision or refuse to confer the right to use the certification mark .3.3 Develop writing system as the basis for the management of certification marks
In addition to managing the Regulation use certification marks , to be able to operate the system used to manage the brand , should develop and promulgate documents serve management .
Depending on the needs and conditions of each local unit to build and issued documents serve different management using certification marks .
The text need to be able to organize the management operations certification marks include:
( i ) The process of granting and withdrawing the right to use the certification mark
This procedure specifies details about the conditions , sequences and procedures for granting and revoking the right to use the certification mark
The main content of the process include:
– Conditions for use of certification marks ;
– Evaluation Methodology certification criteria ( origin , quality , farming techniques … ) to grant or refuse to grant the right to use the certification mark ;
– Procedures for certification right to use the certification mark ;
– To manage the use of certification marks .
( ii ) the technical process of production and trading of goods / services to which the certification mark
The main content of the process must include at least the following :
– Technical guidelines for selection , processing , production of raw materials ( if any) ;
– Process engineering manufacturing finished products or provide services ;
– Process engineering and processing , product storage ;
– Technical guidelines for packaging, labels attached to products …
( iii ) Regulation certification mark used on goods / services
The main contents of the regulation must include at least the following :
– Stamps , labels, signs mounted on goods / services : location stamps, labels , how to use the certification marks provide services … ;
– Method of inspection , traceability of goods / services of different production facilities (code , bar code … ) .
The steps to be taken to build the processes and regulations include: drafting , consultation with manufacturers , agencies and related professionals , draft and complete owner brand signing. Certification marks can be used directly on the packaging of goods , service vehicles , signs or printed as stamps and stickers on disposable goods packaging standards . The owner of the certification mark and competent management level certification stamp for the unit was awarded the right to use certification marks , and is responsible for managing the certification mark used on goods / services services .

3.4 . Building system means to promote and exploit the value of certification marks
To promote the meaning and value of certification marks on reality , parallel with the establishment of management system certification marks , should take measures to exploit the value of certification marks , including :
( i ) Design and publish documents introducing goods / services , logos , labeling systems used for certification 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 certification 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 to promote activities in the certification marks fairs , on the media ( newspapers, radio , websites , television … ) : participation and introducing goods / services branded certification services at fairs and exhibitions every year , building a number of categories , reports on radio , local television station … to introduce the goods / services and certification marks ; 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 .

4 . Models of brand management certification
In the framework of the support and intellectual property developed by the Ministry of Science and Technology hosted a number of certification marks was supported construction and operation ( pilot scale ) management system and exploitation certification marks for the local specialties through the implementation of the project . As of 2011 , there were 13 projects creation , management and development of a certification mark is being implemented .
Here is one of the models being developed and deployed – model management certification marks of Soc Trang fragrance rice Soc Trang :
– Management system certification marks Soc Trang fragrance rice was built under the project ” Creation , management and development of a certification mark of aromatic rice Soc Trang Soc Trang Province ” . Hosted by project owners and are certification marks are the Department of Agriculture and Rural Development in Soc Trang Province .
– As the owner of a certification mark , the Department of Agriculture and Rural Development has jurisdiction to review , evaluation and titling NHCN organizations / individuals in need . Owners can hire experts exchange , the functional unit assessment , or identify some criteria for licensed use . To perform the functions of his certification , the Department shall assign a unit under the Department – Department of quality management of agriculture, forestry , fisheries directly conduct activities related to certification and manage and control control the use of certification marks .
– To review and decide to grant the right to use certification marks , Department of Agriculture and Rural Development to conduct the exchange hire professional agencies ( Department for Standards and Quality Soc Trang ) assessment criteria of product quality . The results of analysis and evaluation of the professional bodies as a basis for the Department of Agriculture and Rural Development decision to grant or refuse to grant the right to use the certification mark .
– Organizations and individuals wishing to use the certification mark must submit an application to the Department of Agriculture and Rural Development , Soc Trang province granting the right to use the certification mark ( set by the Department of Agriculture and rural release ) . DARD chaired conduct actual inspection and production activities and business of the organization , individual requirements criteria certification , assessment and hiring exchange expertise analyzing quality indicators rice products bring NHCN ” Soc ” through sampling, sample analysis and evaluation criteria farming techniques , thus empowering decision or refusal given the right to use the certification mark .
– Activities authorized use of a certification mark shall comply with Regulation manage the use of certification marks and titling process certification marks . The main content of the titling process certification marks include: Conditions for use of a certification mark ; Evaluation Methodology certification criteria ( origin , quality , farming techniques … ) to grant or refuse to grant the right to use NHCN ; certification procedures used NHCN rights ; management Organization NHCN use .
– To ensure product quality fragrant rice with a certification mark of Soc Trang , the entire process of cultivation , rice processing must be strictly followed according to procedure , farming techniques , producing fragrant rice with NHCN Soc . The main content of processes including : Process fragrant rice seed production , cultivation process and care , fragrant rice harvest ; preservation process , fragrant rice milling and packaging process , producing labels attached flavored rice products .
– The use of certification marks on the product must be made strictly in accordance with Regulation convenient to use the certification mark on the product. The main content of the Regulation include : stamps , labels, signs mounted products ; positions stamps, labels , how to use the service provider NHCN … ; inspection method , traceability of products the different production facilities (code , bar code … ) . Certification marks are used directly on the product packaging Soc Trang fragrance rice . Brand stamp printed disposable form and paste directly onto product packaging standards . DARD Soc competent management and issue stamp certification marks for units are empowered to use certification marks , and the Department is responsible for managing the use of certification marks on products . Packaging products are designed according to the different levels of weight for ease of transportation and consumer products .
– In addition, the owner of a certification mark of the study was the construction of standard procedures for processing Soc Trang fragrance rice to ensure specific quality of rice , including : integrated rice processing experience under the traditional knowledge of local farmers to ensure the best quality rice , summing the results of scientific research on rice processing , building , please feedback to improve the process and standards Soc Trang fragrance rice processing to apply to the whole production .
– To promote the economic value and significance of the protection and management of certification marks , Soc Trang DARD conduct means building systems , promotion and exploitation of Soc Trang rice NHCN value , including :
+ Hire exchange design and release of product brochures , logos , labeling systems used for NHCN Soc Trang fragrance rice ( flyers, posters , billboards …. ) . System product labels and product brochures are designed with the content at the request of the Department of Agriculture and Rural Development Soc . The contents of the document to ensure adequate supply of product information , product features to promote and introduce products to the mass consumer .
+ Implement a program to promote activities in the fair NHCN , on the media ( newspapers, radio , websites , television …. ) : participating in product introduction brings NHCN Soc Trang fragrance rice at fairs , exhibitions and trade fairs for agricultural annual spring and build a number of categories , reports on radio , local television station … to introduce fragrant rice NHCN Soc ; design, website operators to introduce and promote commercial products Soc Trang fragrance rice .
+ Establish channels for domestic consumption and overseas . Initially piloted in the supermarket consumption of 3 major cities : Ho Chi Minh City , Da Nang and Hanoi . Next it will conduct an investigation of market demand to expand the network of rice consumption in other provinces across the country . Maintaining customer Soc Trang fragrance rice imports are , and continue to develop new customers .
– To implement building management system certification marks fragrant rice Soc Trang , Soc Trang DARD carried out according to the following scheme :
+ Department of Agriculture and Rural Development in Soc Trang invite agencies , departments , consulting agencies and localities within the project done in cooperation , and the establishment of direct the project . This Committee will chaired by the Deputy Minister, Department Director , delivered a knowledgeable professional major problem as Project Leader and a number of staff involved in project implementation and supervise the implementation of the project’s content . Agency in collaboration with the unit and uniform construction project categories , assign tasks to each relevant agency coordination .
+ DOST Soc Trang , the specialized agencies related to production and business of rice and rice – agency coordination to ensure the advice , support units responsible for implementation of the project implementation plan items project in accordance with requirements established to serve the purpose of creating , managing and developing a certification mark .
+ The organization , individual households and business Soc Trang fragrance rice products to participate as project coordination and that all can benefit directly from the project .
+ In the process of implementing the work item , has mobilized the coordination of the specialized agencies , the State management of intellectual property : the agency , the rice research institutes , agricultural extension center about farming techniques , organizations and individuals rice processing business in the province . Support activities , professional counseling is done through various means such as : soliciting expert opinion , conferences , scientific conferences , seminars .
– The measures adopted to implement active management model building certification marks Soc Trang fragrance rice include:
+ Collect surveys , survey information , data for building the model deployment , including : Collect the results from the study of organizations and individuals for aromatic rice , fragrant rice source angle from Soc Trang and other domestic and foreign sources ; collect, aggregate materials , documents relating to the activities of establishing , managing and developing a certification mark .
+ Field Survey : The survey fieldwork local, regional Soc Trang fragrance rice is done in many forms , including : Getting the opinions of experienced farmers and experts criteria related to specific products used as criteria for product certification Soc rice ( about the origin , quality, sensory … ) Consult local people , specialists of the Ministry of Agriculture and Rural Development , the research Institute of the information related to the same processes planting, tending and harvesting of aromatic rice ; Conduct investigations and surveys through questionnaire survey on the status of plant , care and the business of the same information , processes planting, care and harvesting .
– Identify the required certification criteria , including :
+ Origin Criteria : On the basis of results of statistical surveys of producers and experts , Soc Trang DARD determine NHCN product should only be brought if the growing and processing of a number of social , some specific areas of the province .
+ Quality criteria : Soc Trang fragrance rice Sampling to determine the quality criteria required certification . Sampling points : When lots of rice stored in bags or containers , bags or containers shall be selected for sampling were randomly throughout the plot and point samples will be taken at the top , middle and bottom cover , but do not necessarily take more than one location in a bag , unless to get 2 or 3 points in each sample bag . When rice products in containers or large containers , samples will be taken at the point position and depth random . Forms can also be obtained on the belt pack , as long as the sample must be taken evenly across the cross section of the product line and not make them drop .
+ The criterion varieties , planting techniques , care , harvest , storage , processing of aromatic rice into fragrant rice is determined on the basis of the survey results , statistical questionnaires and solicit the agreement of the manufacturer and the experts involved .
– Identify measures applied in the management and development of a certification mark , including :
+ Building regulations and the management and use of the certification mark ” Soc Trang fragrance rice ” and other writing systems as the basis for managing the certification marks ;
+ Assign professional staff control products , farming households , business establishments use the certification mark ” Soc Trang fragrance rice ” after being granted permission to use ;
+ Operating system control product quality certification labeled ” Soc Trang fragrance rice ” .
– Application testing , piloting a number of content management , including :
+ Selection of test subjects : the choice of processing facilities , meet typical business conditions to use the certification mark and applicable voluntary testing model management certification marks Pineapple Rice ” Soc ” .
+ Training , introduction of guidelines, models , management practices and use of a certification mark , the knowledge of intellectual property ;
+ Application of the model test construction management ;
+ Track and calibrate the model to match reality.