Geographical Indication

1What should the Appellant do if he/she disagreeing with the results of the NOIP's first-time appeal resolving/settlement as to the refusal Decision?

ELITE: According to regulations, if the Appellant does not agree with the first-time Appeal resolving Decision of the NOIP or beyond the prescribed time limit, the Appeal has not been resolved yet, the Appellant has the right to file second-time Appeal to the Minister of Science and Technology (Head of direct superior of the NOIP) or initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures. In case the complainant disagrees with the second-time Appeal settlement Decision of the Minister of Science and Technology or the prescribed time limit expires but the Appeal has not been yet resolved, the Appellant has the right to initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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2How long does it take to resolve a first-time Appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application at the NOIP?

ELITE: According to regulations (Art. 28 and Art. 37 of the Law on Appeal in 2011), the time limit for resolving the first-time Appeal against the Decision on refusal to grant a Certificate of a Geographical Indication Application at NOIP must not exceed 30 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving/settlement may be prolonged but must not exceed 45 days from the acceptance date.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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3What documents are required to file an appeal against the Decision on refusal of granting a Certificate of a Geographical Indication Application at the NOIP?

ELITE: Required documents of an appeal against a Decision on refusal of granting a Geographical Indication Registration Certificate are as followings: (i) An Appeal Application (under the Form); (ii) An official letter explaining legal reasons/grounds for the Appeal enclosed with the Appeal Application and evidence or supporting documents (if any); (iii) A copy of the NOIP's Decision on refusal of granting a Geographical Indication Registration Certificate; (iv) An original Power of Attorney signed by the Appellant (in case the Appeal is filed through an IP Representative/Agent); (v) A copy of fee payment for the Appeal.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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4How long is the statute of limitation for filing a first-time Appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application at the NOIP?

ELITE: According to regulations (Article 9 of Law on Complaints 2011), the statute of limitations for filing a first-time Appeal is 90 (ninety) days from the date that the Appellant receives a Decision on refusal of granting a Geographical Indication Registration Certificate from the NOIP.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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5What is the purpose of filing an appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application?

ELITE: The purpose of filing an appeal against the Decision on refusal of granting a Certificate of a Geographical Indication Application is to protect the Applicant’s legitimate rights and interests in accordance with the laws and regulations, namely requesting the NOIP to reconsider and withdraw the previous refusal Decision and issue a fresh Decision to grant a Geographical Indication Registration Certificate for the Appellant.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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6What is an appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application?

ELITE LAW FIRM (ELITE): An appeal against a Decision on refusal of granting a Geographical Indication Registration Certificate for a geographical indication application means that a geographical indication applicant having such a refusal Decision issued by the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal Decision if there are sufficient legal grounds to prove that the said Decision is contrary to law provisions, directly infringing upon the applicant’s legitimate rights and interests.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com/vi