WORKSHOP PROTECTED DESIGNATION OF ORIGIN (PDO) “PHÚ QUỐC” FOR THE EXTRACT OF FISH AND LESSONS LEARNT FOR GI REGISTRATION IN THE EU Ha Noi, July 22 nd 2014 MINISTRY OF INDUSTRY AND TRADE KIEN GIANG PEOPLE’S COMMITTEE DEPT. OF SCIENCE AND TECHNOLOGY EU DELEGATION TO VIET NAM

PROTECTION OF GIs IN THE EU: REQUIREMENTS TO BE MET FOR GI REGISTRATION Luu Duc Thanh Head of GI and International Trademark Division, NOIP

CONTENT Why it is necessary to register GI in Europe. How GIs are protected in Europe. GI registration in the EU. Experience from Phu Quoc.

❶ WHY IT IS NECESSARY TO REGISTER GI IN THE EU

VIET NAM-EU TRADE: MAIN FEATURES Protecting intellectual property is an instrument to improve product competitiveness. Viet Nam-EU market more integrated, increased turnover. EU consumers: trust in high quality traditional products.

Issues to be considered when deciding whether to register GI in the EU: Export ability: technical barriers, possibility to be sold... Market access: possibility to commercialize (type of product), level of acceptance by consumers; Cost – benefit: cost of registration and possible benefit; Barriers: trademarks under the same name, possible name for GI… Sustainability: possibility to maintain a GI in long term. ? ? ?

❷ HOW GIs ARE PROTECTED IN THE EU

KINDS OF PRODUCT WHICH CAN BE PROTECTED Wine; Spirit; Agri-food. TYPES OF PROTECTION Protected Designation of Origin (PDO) Geographical Indication (GI)

WINE Name of: the geographical area, locality, country Characteristics: + Typical quality given by natural and human factors; + Grape grown exclusively in the geographical area; + Production within the geographical area; + Type of grape: Vitis vinifera. Sign of: the geographical area, locality, country Characteristics: + Typical quality, reputation given by the geographical origin; + 85% of grape is grown in the geographical area; + Production within the geographical area; + Type of grape: Vitis vinifera or mixed with other types belonging to Vitis family. PDOGI

SPIRIT Sign: indicating the origin of a geographical area, locality or country Characteristics: Typical quality, reputation given by the geographical origin. PDOGI

AGRI-FOOD Name Product: originating from an area, locality or country Characteristics: + Typical quality given by natural and human factors; + All production phases done in the geographical area. Name Product: originating from an area, locality or country Characteristics: + Typical quality and reputation given by the geographical origin; + At least one production phase done in the geographical area. PDOGI The geographical link is stronger with PDO than GI!

AGRI-FOOD The EU only protects: - Agricultural products (food, drinks for human consumption): + Meat, milk, vegetable, fruit, fish, consumer goods; + Confection, candy, chocolate, pasta, salt, drinks from fruit extract… - Other agricultural products: dried grass, essence, flowers and plants, cotton, wool, knitted, skin, fur and hair. - Handicraft and industrial products: in some countries.

Names which are NOT protected Names which have become common name; Names which have conflict with name of a kind of plant or animal; Names which are totally or partially synonyms of names which are already protected in the EU; Names which are to mislead consumers about the real identification of product; Names which are not geographical name. Principle of existence Trademark PDO, PGI

❸ APPLICATION

REQUIREMENTS 1. Names and address of the applicant; 2. Description of the product’s typical characteristics; 3. Single document (summary of information provided in the product description); 4. Proof of protection in the country of origin.

REQUIREMENTS OF THE PRODUCT DESCRIPTION No pre-format But: INFORMATION TO BE PROVIDED 1. Name which will be protected: - In the language used in the production area; - Used in commerce or everyday language to refer to the product; - Avoid the use of descriptive words and phrases; - Name used in foreign or local language; - Possible to have different names.

REQUIREMENTS OF THE PRODUCT DESCRIPTION INFORMATION TO BE PROVIDED 2. Information of: - Raw materials (if any) - Typical characteristics of the product including physical, chemical, micro-organism and visual features

REQUIREMENTS OF THE PRODUCT DESCRIPTION INFORMATION TO BE PROVIDED 3. Identification of the geographical area: Clear identification of the link between typical characteristics and geographical origin of the product

REQUIREMENTS OF THE PRODUCT DESCRIPTION INFORMATION TO BE PROVIDED 4. Proof of geographical origin in the defined area : The link between the product and the geographical origin.

REQUIREMENTS OF THE PRODUCT DESCRIPTION INFORMATION TO BE PROVIDED 5. Technical phases: - Raw materials (for processed products); - Production, processing process; - Quality control method. 6. The link between product quality/characteristics and its origin and geographical conditions

REQUIREMENTS OF THE PRODUCT DESCRIPTION INFORMATION TO BE PROVIDED 7. Certifying body 8. Labelling regulations 9. Additional requirements

QUY TRÌNH ĐĂNG KÝ

HOW TO APPLY? To whom: European Commission in Brussels, Kingdom of Belgium. Who applies: competent agency of non-EU countries: Ministry, Government agency, provincial People’s Committee, Embassy to the EU, association. How to apply: ◦ Direct; ◦ Through . Language: some main languages (24).

OTHER ISSUES TO BE CONSIDERED Cancellation of already registered GIs: WHEN - Requirements of the product description are not met; - The registered GI is not used in commerce for at least 7 years since the date of registration. Registration fee: - NO fee applies; - Costs spent for: + Developing the product description; + Developing and operating the producer organization; + Organizing control activities; …

❹ LESSONS LEARNT

PRODUCTION PROCESS AND MANAGEMENT PRODUCT’S TRADITION AND CHARACTERISTICS History, reputation: proved by reliable documentation; Typical quality. Integrated production process within the island area; Good control system; Assurance of origin and traceability.

CONVINCING APPLICATION Full and detailed information; Clear proving documentation; Good wording.

SUPPORT AND HELP Technical assistance: GI Division – NOIP - Information focal point before the EU; - Respond to additional inquiries. Support from local authorities; Support from the Association and businesses. Support from MUTRAP II Project: - Technical; - Financial. Trade Office of Viet Nam in the EU and in Belgium.

DIFFICULTIES Time: ◦ 2009 – 2012; ◦ Time for completion of application; Use of the right words and terminologies; New task for the Association and relevant bodies.

Reliable address TRADE OFFICE OF VIET NAM IN THE EU AND BELGIUM

THANK YOU FOR YOUR ATTENTION! Luu Duc Thanh GI and International Trademark Division NOIP, 386 Nguyen Trai,Thanh Xuan, Ha Noi

32 Contact : EU-MUTRAP Project Management Unit 1203, 12 th Floor, Office Building, Hanoi Tower, 49 Hai Ba Trung, Hoan Kiem, Ha Noi Tel: (84 - 4) Fax: (84 - 4) Website: (Workshop materials are available on this Website)