Regime of protection of Geographical Indication in Vietnam

Regime of protection of Geographical Indication in Vietnam

Geographical indications in Vietnam can be protected not only by a sui generis system under the registration procedures for acquisition of right, but also by alternative legal tools of certification mark/collective mark and anti-unfair competition. In detail, as provided under the Vietnam IP Law 2005, a trademark shall not be considered as distinctive if it is a sign indicating the geographical origin of goods or services, except for those, which have been, registered as collective marks or certification marks. In addition, the Vietnam IP Law 2005 also prescribes the act of using commercial indications (including marks, trade names, business symbols, business slogans, geographical indications, package designs, label designs, etc.) that cause confusion as to the business entities or business activities or commercial source of goods or services or the origin, production method, feature, quality, quantity or other characteristics of goods or services shall be considered as un act of unfair competition.