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PROCEDURES OF CONSULTATION AND REGISTRATION
OF GEOGRAPHICAL INDICATIONS (GIs)
- Step 1: Preliminary search and advice on the possibility of a GI (right of registration, condition for protection…) and related costs;
- Step 2: Searching, Consulting after searching;
- Step 3: Preparing application;
- Step 4: Filing at NOIP;
- Step 5: Notifying formality exam result;
- Step 6: Notifying substantative exam result;
- Step 7: Granting Fee payment of GI;
REGISTRATION PROCEDURE FOR A GEOGRAPHICAL INDICATION (GI)
1. Minimum documents
- 02 Declaration for registration
- The description of peculiar characteristics and quality, or reputation of the product bearing the geographical indication;
- The map of the geographical area bearing the geographical indication;
- Scientific report & factuality of GI registration
- Paper of the right to file an application;
- Fee and charge receipts.
2. Other documents
- Power of attorney (in case the request is filed through a representative);
- Documents certifying the permission to use special signs (if the geographical indication contains emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese state agencies/ organizations or international organizations, etc.);
- Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
- Documents evidencing the right of priority (if the patent application has a claim for priority right).
3. Time limit for processing geographical indication registration applications
From the date on which the registration application is received by the NOIP, the registration application of a geographical indication shall be examined in the following order:
From the date on which the registration application is received by the NOIP, the registration application of a geographical indication shall be examined in the following order:
- A geographical indication registration application shall have its formality examination within 01 month from the filing date;
- Publication of geographical indication registration applications: A geographical indication registration application shall be published within 02 months after it is accepted as a valid application;
- An industrial property registration application shall be substantively examined within 06 months from the date of application publication.
4. Methods of filing application
The applicant may choose paper filing or online filing through the NOIP's online public service portal, specifically as follows:
a) Paper filing
The applicant may submit an application for an invention / utility solution directly or via postal service to one of the NOIP's application receiving places, specifically as follows:
The applicant may choose paper filing or online filing through the NOIP's online public service portal, specifically as follows:
a) Paper filing
The applicant may submit an application for an invention / utility solution directly or via postal service to one of the NOIP's application receiving places, specifically as follows:
- Head Office of NOIP, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
- Representative Office of NOIP in Ho Chi Minh City,
- Representative Office of NOIP in Da Nang City,
b) Online filing
- Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registered account which is approved by the NOIP on the Online Application Receiving System.
- Online filing:
+ The applicant need to complete the steps of filing an invention/ utility solution application form on the NOIP’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the NOIP’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an NOIP’s officer will issue the application number in the Online Application Receipt System.
- Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registered account which is approved by the NOIP on the Online Application Receiving System.
- Online filing:
+ The applicant need to complete the steps of filing an invention/ utility solution application form on the NOIP’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the NOIP’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an NOIP’s officer will issue the application number in the Online Application Receipt System.