CHAPTER 2: SITUATION OF PROTECTION OF IPR FOR GEOGRAPHICAL INDICATIONS IN VIETNAM
3.3. SEVERAL SOLUTIONS TO IMPROVE THE PROTECTION OF IPR FOR GEOGRAPHICAL INDICATIONS UNDER TRADE PERSPECTIVE
3.3.4. Solutions group for manufacturing & business facilities
3.3.4.1. Enhancing self-control activities as a tool to ensure quality and promote the business image
3.3.4.2. Equipped with legal & technical knowledge of geographical indications Geographical indications is a concept not only new to the authorities but also to the
manufacturers. Therefore, manufacturers are not fully aware of the geographical indication. In order to obtain sustainable development, production and business facilities should be equipped with legal and technical knowledge on geographical indications
3.3.4.3. Constantly improving the quality of products with geographical indications Constantly improving the product quality is the crucial factor for sustainable development of geographical indications. Improving the product quality not only restrict on the product itself, but also understood as the ability to satisfy customer needs. Therefore, quality should include other factors such as pricing, distribution channels, after-sale service ... Quality improvement also means comprehensive operation from material provision, production, introducing to the market and after sales services as well. One of the measures that geographical indications can be deployed is the application of quality management processes such as ISO 9000, HACCP, EuroGAP ..
CONCLUSION
Geographical indication is a sign to identify products by production place or quality, reputation or characteristics different from other products thanks to the advantages of natural and human conditions of geographic areas. The combination of three factors:
products, place of origin and quality is the basis to establish quality control procedures and ensure the ability to identify geographical origin of products.
Under legal perspective, protection of geographical indications is that the State, authorities and stakeholders, through the legal system, carry out activities related to the establishment, exploitation and protection for stakeholders against infringement of rights to geographical indications.
IPR protection for geographical indications under legal perspective determines the legal framework for protection activities of geographical indications under the trade perspective. In other words, protection activities of geographical indications activate and change the legal framework of protection of geographical indications. The legal regulations on protection of geographical indications determine the standards to conduct the commercial exploitation of geographical indications.
The basic contents of the protection activities of IPR of geographical indications under trade perspective are based on interpretation of different viewpoints, including: (i) establishing rights to geographical indications, (ii) the exploiting IPR rights for geographical indications, including sustainable development of geographical indications, (iii) management and (iv) protecting IPR rights for geographical indications. IPR protection for geographical indications can only be sustainable if comprehensively developed under economic, social and environmental perspectives.
Operation of IPR protection for geographical indications in Vietnam has just started, yet faced considerable difficulties. Although 18 geographical indications have been registered for protection, these geographical indications stop at the stage of establishing legal rights. This figure is not worth comparing with the potential of geographical indications in Vietnam. The exploitation and development activities of geographical indications have been ignored and newly activated, resulting in the protection of IP rights of geographical indications barely performed. The author affirmed that although the activities of protection of geographical indications of the Vietnamese Committee has made efforts to develop both depth and width, but still in poor condition compared to the potential development and economic requirements. The objective and subjective causes have been analyzed in each specific activity.
On the basis of studying experience on IPR protection for geographical indications of represented countries and drawing lessons for Vietnam, the thesis proposes four group solutions to develop activities of IPR protection for geographical indications. Solutions in the thesis are based on solving the causes of limitations in the current development, promoting the achievements and learning the lessons of other countries in the world, combining with Vietnam's viewpoints on protection of IPR for geographical indications.
To meet the requirements of protection of geographical indications in the current context of international economic integration, these solutions must be implemented synchronously from the Government, the management agencies, collective organizations, manufacturers and businesses of products bearing the geographical indication.
This is a long process, simultaneously developing and studying experience of foreign countries, therefore, the participation of stakeholders in the society and the support of international organization are of considerable necessity. According to the author, further research should focus on specifying solutions proposed by the thesis including:
- Improving financial and market capacity for collective organizations managing geographical indications.
- Developing management model in general and quality control in particular for each group of products with specific geographical indication.
- Focusing on the issues of exploitation of IP rights in the commercial activities for geographical indications registered for protection.
REFERENCES