Conditions for Protection of Geographical Indications

Ensuring information about the origin and quality of the product, consumers can trace the origin of the product. Another equally important factor is the culture associated with geographical indications. When consumers use products with geographical indications, it can be considered as one of the acts of enjoying traditional culture, because the quintessence of human technology, the natural geographical elements of a certain land have been accumulated into products with geographical indications.

* Protect the rights of manufacturers and businesses, prevent imitation, counterfeiting, and taking advantage of the reputation of famous products and services to cause damage to genuine manufacturers and businesses.

Protecting geographical indications creates a legal tool for manufacturers to fight against counterfeiting geographical indications. From there, manufacturers can increase the value of their products. Once consumers are sure that the goods they intend to buy are genuine products with guaranteed origin, they are willing to pay a high price for that product. However, to achieve that, it also requires manufacturers themselves to perfect and ensure the production and trading process of their products in order to be able to bring to the market products with stable quality and clear origin.

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Only when goods meet certain conditions and specific characteristics can they bear protected geographical indications, thus gaining consumer trust, being able to sell more and at higher prices, and earning greater profits. This will promote production and development, improving the quality of goods. At that time, geographical indications will become assets of great commercial value and protection is necessary both within the country of origin and in other countries.

We can see the importance of protecting geographical indications through some products that have been protected by geographical indications in Vietnam such as Moc Chau Shan Tuyet tea or Phu Quoc fish sauce. Moc Chau Tea Company - the unit identified as the representative entity of the right to use the name of origin of

This product has brought in a lot of profit. Tea output has been constantly increasing, the tea growing area has increased from 520 hectares in 2001 to 650 hectares in 2004. The price of the product has also increased by 15% since being protected. In particular, thanks to the protection, Moc Chau Shan Tuyet tea has not been adversely affected by the tea industry during the past time. For Phu Quoc fish sauce, the benefits from geographical indication protection are even more evident. Phu Quoc fish sauce is not only famous domestically but has also been exported and become famous in the world. The production and business of fishermen in Phu Quoc and the "following" businesses that distribute and bottle are very prosperous. Moreover, fish sauce production facilities have become tourist destinations, Phu Quoc island has become even more famous thanks to the fish sauce brand that many people know [23].

Chapter 2

Some basic content

of Vietnamese law on protection of Geographical Indications

2.1. Conditions for protection of geographical indications

Currently, Vietnam has many famous products associated with geographical origin such as Thai Nguyen and Moc Chau tea; Buon Ma Thuot coffee; Phu Quoc and Cat Hai fish sauce; Hung Yen longan; Bat Trang ceramics... Products produced and processed in these geographical areas have different characteristics compared to products produced and processed in other geographical areas.

Because geographical indications are indications of goods originating from the territory of a region or geographical area, the quality, reputation or other characteristics of the goods are mainly determined by their geographical origin, the law stipulates certain conditions for an indication to be protected as a geographical indication.

According to Vietnamese law, a geographical indication to be protected in Vietnam must fully satisfy the following conditions:

- Products bearing geographical indications have geographical origin from the region, locality, territory or country corresponding to the geographical indication;

- Products bearing geographical indications have reputation, quality or characteristics mainly determined by the geographical conditions of the area, locality, territory or country corresponding to that geographical indication.

- Not included in the cases that are not protected as geographical indications.

2.1.1. Products bearing geographical indications have geographical origin from the region, locality, territory or country corresponding to the geographical indication.

According to general regulations of countries, for the name of origin, the entire production process (from raw material production to processing and refining of products)

For geographical indications, only one or several stages of production taking place locally are enough to create the characteristics of the product.

Vietnamese law does not specifically stipulate or provide any guidance on what constitutes a product of geographical origin from a corresponding region or territory, or how to determine geographical origin, and whether all or only part of a product bearing a geographical indication must originate from the region, locality or territory corresponding to the geographical indication. This unclear provision has caused many controversies in the practice of protecting geographical indications. For example, can Phu Quoc fish sauce bottled elsewhere bear the name of Phu Quoc origin or must the entire process from production, processing to bottling of Phu Quoc fish sauce take place in Phu Quoc? This is because up to 80% of businesses buy fish sauce in Phu Quoc and then bottle it in other localities, especially Ho Chi Minh City, and label the bottle with the name "Phu Quoc fish sauce". These businesses argue that bottling in Phu Quoc is not satisfactory, because according to their argument, bottling Phu Quoc fish sauce must take place in Phu Quoc, which will make businesses invest a lot in costs for premises and technology, factories, electricity, water, labor, transportation, etc. In addition, no competent authority has proven that the quality of fish sauce bottled in Phu Quoc is better than fish sauce bottled in other regions. On the contrary, businesses with fish sauce bottling facilities in Phu Quoc and state management agencies argue that fish sauce must be bottled in Phu Quoc to be able to use the Phu Quoc product origin name.

Faced with these controversies, on May 16, 2005, the Minister of Fisheries issued Decision No. 18/2005/QD-BTS on promulgating temporary regulations on the production of fish sauce with the Phu Quoc appellation of origin and Decision No. 19/2005/QD-BTS on promulgating temporary regulations on controlling the certification of fish sauce with the Phu Quoc appellation of origin. This decision allows

Fish sauce processed in Phu Quoc district and packaged in Ho Chi Minh City is entitled to bear the name Phu Quoc for a period of 03 years from the effective date of Decision No. 18/2005/QD-BTS of the Ministry of Fisheries. This is a conciliatory Decision, demonstrating that the state management agency cannot foresee changes and disputes arising from the use of geographical indications/geographical indications.

2.1.2. Conditions on reputation, quality and characteristics of products bearing geographical indications

To be protected as a geographical indication, the products bearing that indication must have specific characteristics, qualities or properties determined by geographical conditions. Determining the characteristics and quality of the product bearing a geographical indication is a key factor in registering a geographical indication and is considered one of the technical factors . To be able to request protection of a geographical indication, the subject must prove that the product bearing the geographical indication has characteristics, qualities or properties different from those of similar products and that these characteristics are determined by the geographical conditions of the area, locality, territory or country corresponding to that geographical indication.

a. Reputation of products bearing geographical indications

The reputation of a product bearing a geographical indication is determined by the level of consumer trust in that product through the extent to which it is widely known and chosen by consumers. The reputation (or prestige) of a product is recognized by consumers, even from generation to generation. Furthermore, consumer recognition is not only limited to a local area or a certain geographical area, but must be on a wider scale. For example, Binh Thuan Dragon Fruit is not only recognized by the public in the dragon fruit growing area but must be known and chosen by dragon fruit buyers in Binh Thuan province, neighboring provinces, even the whole country and other countries.

The criteria for determining the "level of trust" of consumers for a product may change over time and for different subjects. Some criteria for considering and evaluating the "reputation" of a product bearing a geographical indication include the results of a sociological survey, the average output sold in a certain period of time (a year, a quarter, a month...). According to Circular 01/2007/TT-BKHCN, the reputation of a product bearing a geographical indication is determined by geographical conditions - determined through the widespread knowledge of that product among relevant consumers, which can be verified.

b. Quality and characteristics of products bearing geographical indications

Unlike ordinary trademarks, geographical indications protected by law are always associated with the quality and reputation of products (goods) or services bearing those objects, including:

- Products and services bearing the name of origin must have specific quality;

- Products and services bearing geographical indications must have distinctive quality or prestige and reputation.

Quality standards are mandatory standards for products and services bearing geographical indications.

A protected geographical indication contains a binding relationship between the quality of the product or service and the natural and/or human conditions of the geographical area bearing the name or identified by that name or geographical indication. Thus, the specific quality is only obtained when the product or service is produced or performed in the geographical area bearing the geographical indication or identified by that name or geographical indication. If the same product or service is produced or performed in another geographical area, it will not have the same quality or characteristics.

In addition to reputation and quality, products bearing geographical indications may have certain characteristics mainly due to the geographical conditions of the geographical area.

The typical product characteristics relevant to an area include any objective or subjective characteristics that distinguish that product within the same product family, and relate both to the characteristics of the finished product, the operations involved in the processing of raw materials, the transformation and manufacture of the product, and the social and cultural characteristics of the producers and consumers of the product.

The quality, characteristics of the product and other qualities (if any) of the goods must be quantified by a specific quantitative method or specialized techniques. For example, for the name of origin of the goods "Phu Quoc fish sauce", it is necessary to measure the protein content, clarity, determine the characteristic smell, color according to the color scale of fish sauce, taste to indicate the special qualities of this type of fish sauce such as salty taste, rich sweetness, fatty taste compared to other types of fish sauce ...

Or Binh Thuan dragon fruit crystallizes the natural nutrition and abundant vitality from the tropical sea, creating a rich flavor (high protein, fructose, iron and magnesium content in Binh Thuan dragon fruit). The prestige and reputation of Binh Thuan dragon fruit is also created from the tradition of hard work and creativity of farmers in this land.

c. Geographical conditions related to the reputation, quality and characteristics of products bearing geographical indications

Geographical conditions must be described in the most precise terms. The definition of geographical boundaries can be carried out in various ways, and there does not necessarily have to be a complete correspondence between the geographical indication area and the administrative area bearing that name. In fact, some place names are not the names of current administrative units, such as "Thang Long", "Dong Do", "Leningrade" etc., but for consumers they still consider them to be a place name corresponding to the place names "Hanoi" or "St. Peterboug".

Currently. Therefore, if these place names meet the protection standards of geographical indications, they will still be protected.

According to Article 82 of the Law on Intellectual Property, the specific nature of geographical conditions related to geographical indications are natural factors and human factors that determine the reputation, quality and characteristics of products bearing that geographical indication.

Natural factors include climate, hydrology, geology, topography, ecosystems and other natural conditions.

Human factors include the skills and techniques of the producer and the traditional production processes of the locality.

* Natural factors.

For products bearing geographical indications, natural conditions play a very important role in affecting the quality of the product. These natural factors include: climate, hydrology, geology, topography, ecosystems... To prove the unique characteristics of a product bearing a geographical indication with natural conditions, it must be demonstrated through analysis of the natural factors of the area bearing the geographical indication.

- Soil analysis. Soil analysis means analyzing the land of the product bearing the geographical indication to determine the biochemical components in the soil that affect the specificity of the product, especially for agricultural products (For example: Thanh Ha litchi, Yen Chau mango, Moc Chau Shan Tuyet tea...). On that basis, find out whether or not there is a difference between the land bearing the geographical indication and other areas.

- Water analysis. Water analysis means analyzing the physical and chemical components in water and determining the groundwater level and tidal influence... of the area bearing the geographical indication to determine whether the water in the area bearing the geographical indication is different from water in other areas with similar products and how that difference is related to the specific properties of the product.

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