Amendment/change of holders of geographical indication protection titles

by ThanhMai
  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

Modification of the description of the nature/ quality/ reputation of the product bearing the geographical indication, the map of the geographical area subject to the geographical indication, and regulations on the use of collective or certification marks.

A request for amendment/change of holders of geographical indication protection title

+ First of all, Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 16/2016/TT-BKHCN;

+ Secondly, Original protection title;

+ Thirdly, Documents certifying the change of the name or address;

+ Additionally, Documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;

+ Next, Documents explaining in detail the modified contents;

+ Plus, 02 descriptions of peculiar characteristics and quality, or reputation of the product bearing the geographical indication;

+ Besides, Power of attorney (in case through a representative);

+ Further, A copy of the receipt of fees and charges as prescribed;

+ Lastly, Other documents (if necessary).

The time limit for amendment/change of holders of geographical indication protection title

IPVN shall examine the requests for amendment/change of protection titles within 02 months from the date of receipt of the request.

In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for industrial designs not exceeding 04 months and 20 days.

The time limit for re-examination must be extended in complicated cases, however, it must not exceed the time limit for examination of applications for establishment of rights.

Result for amendment/change of holders of geographical indication protection title

If the request is considered valid, the IPVN shall issue a decision on amendment/change of the protection title, register, and publish in the Industrial Property Official Gazette. Conversely, the IPVN shall send to the requester a notice on intended refusal.

Normally, if within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, the IPVN shall issue a decision on the rejection of the request for protection title amendment. Then, IPVN shall return the protection title to the owner.

Fees and charges for amendment/change of holders of geographical indication protection titles

+ Initially, Fee for examination request for amendment/change of holders of protection titles: VND 160,000/ 01 protection title;
+ Next, Fee for publication of decision of amendment/change of holders of protection titles: VND 120,000/ 01 request;
+ Finally, Fee for recording decision of amendment/change into the National Register of Industrial Property: VND 120,000/ protection title.

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