List of tables | ||
Plate number | Table name | Page |
3.1 | Statistics of geographical indication applications filed from 2000 - 2008 | 93 |
3.2 | Some geographical indications are protected as collective marks. | 95 |
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Introduction
1. Urgency of the topic
The world is currently developing in the context of global competition and integration, the world economy is moving to a new era with a level of development based on the foundation of knowledge. The intellectual factor is increasingly developed and becomes one of the factors determining the competitiveness of goods and services. This also means that the development of the world economy today depends largely on the effectiveness of intellectual property protection and is receiving special attention from countries in international economic relations.
The industrialization and modernization of our country with opportunities and challenges in the process of opening up and integration has been requiring us to have mechanisms and policies to promote creative activities, create a healthy competitive environment for scientific research, technology development and production and business activities. The intellectual property protection mechanism with the basic content of considering the results of creative activities as intellectual property and the rights to this property must be recognized and protected by law is an objective requirement for the birth of legal instruments of the state, contributing to creating motivation for creative activities, promoting socio-economic development and improving the material and spiritual life of the people.
Intellectual property protection is both a natural need of our country's socio-economic development and a requirement of the integration process. Building and maintaining an effective intellectual property protection system is one of the important and necessary factors for Vietnam in the current period.
Since the implementation of the renovation process, our State has issued many legal documents related to the field of intellectual property such as: Ordinance
Protection of industrial property rights (1989), Copyright Protection Ordinance (1994), Civil Code (1995), Criminal Code (1999) and many other documents to deal with basic issues in civil transactions on intellectual property. However, the provisions in these legal documents are mainly general principles; specific provisions are scattered in many sub-law documents, so they lack consistency and legal effect, affecting the enforcement of intellectual property rights in the country and the process of international economic integration. On the other hand, some new issues have emerged due to the strong development of science, technology and the requirements of social life such as protection of integrated circuit layout designs, rights against unfair competition, rights to business secrets, geographical indications, trade names , etc., which have not yet been regulated by legal regulations in these legal documents.
Meanwhile, as an agricultural country, Vietnam has many agricultural products with unique quality and characteristics such as Hai Hau rice, Hung Yen longan, Thanh Ha lychee, Hoa Loc mango, etc. In addition to agricultural products, many localities in Vietnam also have other famous specialties such as Phu Quoc fish sauce, Hai Duong green bean cake, Thanh Tri rice rolls, Ha Dong silk, etc. These brands have great commercial value and are effective marketing tools in the global economy. Effective legal protection of these brands not only contributes to increasing the commercial value of Vietnamese goods in the world market but also contributes to preserving the cultural values and traditional knowledge of the nation crystallized in these goods. However, up to now, only 16 geographical indications/appellations of origin have been protected in Vietnam. Phu Quoc fish sauce is so famous that it is counterfeited not only in Vietnam but also abroad. Many famous Vietnamese specialties are fading away and gradually disappearing from the memory of consumers. One of the main reasons for this situation is that we have not yet recognized the economic and cultural significance of geographical indications and do not have an appropriate protection system for this special type of brand.
The promulgation of the 2005 Civil Code; the 2005 Intellectual Property Law and the Law amending and supplementing a number of articles of the 2005 Intellectual Property Law aimed at institutionalizing the viewpoints, guidelines and policies of the Party and the State in the field of intellectual property, contributing to perfecting, supplementing and unifying the provisions in existing legal documents while solving current practical requirements, including the issue of protecting industrial property rights for geographical indications. However, in order for the provisions of the law on the protection of intellectual property rights in general and industrial property rights for geographical indications in particular to come into life effectively, it is necessary to have guidance, explanation and application of these provisions in a correct and complete manner and in accordance with world trends. Therefore, it is very necessary to research and continue to perfect the legal provisions in this field.
For that reason, I decided to choose the topic " Protection of industrial property rights for geographical indications under Vietnamese law " as the research topic for my master's thesis.
2. Purpose and tasks of research topic
2.1. Research purpose
The topic comprehensively studies the current legal regulations of Vietnam on the protection of geographical indications, studies the most general and basic issues on the protection of geographical indications in Vietnam, studies the forms of protection of geographical indications in the world: (i) according to the individual registration system; (ii) through the registration of collective trademarks or certification trademarks according to the law on trademarks; and (iii) according to the law against unfair competition. In addition, the topic also studies the current status of geographical indication protection activities in Vietnam. Thereby, the topic puts forward requirements and recommendations to contribute to the improvement of the provisions of Vietnamese law on the protection of geographical indications as well as to enhance the effectiveness of the protection of industrial property rights for geographical indications in Vietnam.
2.2 . Research tasks of the topic
With the purpose and scope of the research as mentioned above, this topic sets out the following specific research tasks:
- Concept of geographical indications, comparison of geographical indications with some other industrial property objects;
- Concept of industrial property rights, characteristics of industrial property rights and concept of industrial property rights for geographical indications;
- Provisions of the international legal system on geographical indications;
- Forms of industrial property protection for geographical indications:
(i) under its own legal system; (ii) under trademark law; and
(iii) under the law on unfair competition;
- Current Vietnamese legal regulations on conditions for protection of geographical indications, establishment of industrial property rights for geographical indications, content of industrial property rights for geographical indications; protection of industrial property rights for geographical indications;
- The current status of geographical indication protection activities in Vietnam, thereby proposing some solutions to contribute to improving the law on geographical indication protection in Vietnam.
3. Research methods
The main research method used in this thesis is the method of analyzing, evaluating, and synthesizing the provisions of current Vietnamese law on the protection of geographical indications to provide an overall view of the problem. By using this method of analysis and synthesis, the thesis points out some limitations and shortcomings of Vietnamese law on the protection of geographical indications, thereby proposing some solutions to improve these legal provisions.
In addition, the thesis also uses comparative legal, historical and statistical methods to clarify the development process of the researched issue, to assess the compatibility of Vietnamese law with international law.
The above methods are all based on the foundation of dialectical materialism and historical materialism of Marxist-Leninist philosophy.
4. Research situation
In the context of current international economic integration, the issue of intellectual property protection is becoming a top concern in international economic relations. For our country, building and maintaining an effective intellectual property protection system is one of the important factors determining the success of the international economic integration process, which is a mandatory condition to be achieved when joining the World Trade Organization (WTO).
The protection of intellectual property in general and industrial property in particular has only recently begun to receive attention, but not to the extent required. Especially for geographical indications - one of the objects of industrial property protection, there are very few articles and research works on this issue in Vietnam, such as the article " Geographical indications of agricultural products: current situation and solutions ", by Xuan Anh, Journal of Legislative Studies, (July), 2004; " Regulations of the TRIPs Agreement on the protection of geographical indications ", by Master. Vu Hai Yen, Journal of Law, No. 11, 2006; " Protection of geographical indications by law alone is not enough ", by Le Tung, Journal of Legislative Advice, No. 9(70), 2006; " Geographical indications - commercial aspects in export ", a ministerial-level scientific research topic chaired by Associate Professor, Dr. Do Thi Loan...
5. Structure of the thesis
In addition to the introduction, conclusion and list of references, the content of the thesis includes 3 chapters.
Chapter 1 : General overview of industrial property rights for geographical indications.
Chapter 2 : Some basic contents of Vietnamese law on protection of geographical indications.
Chapter 3 : Current status of geographical indication protection activities in Vietnam and solutions to improve Vietnamese law on geographical indication protection.
Chapter 1
General overview of geographical indications
and industrial property rights for geographical indications
1.1. Concept of geographical indications and industrial property rights to geographical indications
reason
1.1.1. Concept of geographical indication and comparison of geographical indication with some other
other industrial property objects
1.1.1.1. Concept of geographical indications as objects of industrial property rights
Except for the law on industrial designs, there is probably no other category in the Law on Intellectual Property where there are as many different concepts of protection as in the field of geographical indications . The term "geographical indication" may be the best way to express it, it is relatively new and has only recently appeared in international negotiations [14, p. 119].
The Paris Convention for the Protection of Industrial Property does not introduce the concept of geographical indications but only mentions indications of source and appellations of origin of goods as industrial property objects in Clause 2, Article 1. This is a term that has been applied for a long time and is still officially used in many conventions and agreements managed by the WTO.
The term "geographical indication" has been mentioned in the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") in Clause 1, Article 22 as follows: " Geographical indications are indications that a good originates in the territory of a Member or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin " [19].