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

PDO “PHÚ QUỐC”: NEW POLICY ASPECTS AND PLAN FOR ENFORCEMENT OF PROTECTION RIGHTS Luong Thanh Hai Director, Kien Giang Department of Science and Technology Press campaign for PDO “Phú Qu ố c”: Phu Quoc – Ho Chi Minh City – Ha Noi

CONTEXT - After 15 years of GI protection in Viet Nam and 2 years of PDO protection in the EU: + Protection and handling infringements appear inadequate; + Policy and practical conditions need to be varied and completed; - On 25/6/2014, Kien Giang provincial People’s Committee issued Decision 1401/QĐ-UBND: rules that govern the management and use of PDO “Phú Quốc”; - Information dissemination and market control improvement requirements => improve the value and effectiveness of the protected status. 3

CONTENT - The EU policy development and procedure for PDO registration; - Objectives of the Press Campaign; - Plan for enforcing protection rights and controlling over infringements agaisnt PDO «Phú Quốc». 4

1/ The phase of GI registration in Viet Nam: With the support of French Embassy in Viet Nam and the Ministry of Fisheries => application for GI registration was developed : Phu Quoc fish sauce was the first product ever to be registered in Viet Nam. PART 1: PDO “PHÚ QUỐC” DEVELOPMENT PROCESS 2/ The phase of institutional and policy completion - The Ministry of Fisheries promulgated Rules of Phu Quoc GI management and use (5/2005): => impossible to implement due to the promulgation of Intellectual Property Law. -In 10/2008 Kien giang provincial People’s Committee issued Decision 2482/QĐ-UBND promulgating Rules of Phu Quoc GI management and use. 5

PART 1: PDO “PHÚ QUỐC” DEVELOPMENT PROCESS -In 8/2010, Phu Quoc Fish Sauce Control Board was established; -Hot issues arisen from activities to manage and control the use of PDO include: + Bottling regulations; + Labeling regulations; + Quality regulation for PDO products…  Phu Quoc fish sauce can hardly meet quality regulations to be marketed;  The value of protected status yet exploited;  Trust and enthusiasm by business community affected. 6

3/ The phase of PDO protection in the EU and requirement of institutional improvement -10/2012: PDO “Phú Quốc” for fish sauce protected by the EU => Requirement for working management policy. -On 25/6/2014, Kien Giang provincial People’s Committee issued Decision 1401/QĐ-UBND promulgating Rules for management and use of the PDO. -With the support of EU – MUTRAP project, Department of Science and Technology now organizes this Press Campaign to promote the PDO from 14 th to 22 nd July PART 1: PDO “PHÚ QUỐC” DEVELOPMENT PROCESS 7

Objective: Press campaign Disseminating new policy aspects in relation to PDO management Introduce and promote PDO products Product demonstration and plan for control, protection and fight against infringements PART 2: OBJECTIVES OF THE PRESS CAMPAIGN 8

Why fostering protection and control plan: – New policy has been promulgated paving the way for the operation of GI management and use; – Better compliance by production businesses; – Better awareness by consumers; – Controlling infringements in order to improve the value of protected status. PART 3: IMPLEMENTATION AND CONTROL PLAN 9

Implementation and control plan: – Action 01: provision and dissemination of information related to the PDO; – Action 02: Fostering management activities and the transition in organizing the production system towards GI standards; – Action 03: Controlling and handling infringements. PART 3: IMPLEMENTATION AND CONTROL PLAN 10

Action 01: Provision and dissemination of information related to the PDO Time: from 15/07/2014: - Disseminating new regulations of GI management through the website of provincial People’s Committee, Department of Science and Technology, Phu Quoc district People’s Committee, Phu Quoc Fish Sauce Association; - Department of Science and Technology is willing to provide information to producers, distributors and other stakeholders: + Department of Science and Technology will establish a permanent team in the Division of Technology and IP in order to receive information and inquiries related to GI management regulations; + The Control Board and the Association will also be involved in providing information. 11

Action 02: Fostering management activities and the transition in organization the production system towards GI standards - Improving regulations of control of PDO products before 30/7/2014; - Before 30/7/2014, all GI products placed in the market must bear the new PDO label; - Phu Quoc Fish Sauce Association to strengthen its organization and personnel for the operation of an internal control system. 12

Action 02: Fostering management activities and the transition in organizing the production system towards GI standards - It is recommended that Phu Quoc district People’s Committee provides for strenghening the Control Board by improving (human and equipment) capacity to meet increasingly high workload in the coming time; - Businesses should review PDO certificate in order to timely apply for renewal (if requirements are met). 13

The Press Campaign is the right time to officially communicate about products which are: protected in the market Action 03: Controlling and handling infringements controlled against any infringements 14

Action 03: Controlling and handling infringements Implementation of market control: Control within provincial market: from 01/08/2014 Control infringements by production businesses Control the distribution systems in connection with Phu Quoc Control the distribution systems in connection with Kien Giang 01 15

- The Department of Science and Technology shall coordinate with the Department of Industry and Trade in: -Market inspection and control; -Propaganda and awareness raising; -Handling infringements. - The Department of Science and Technology shall coordinate with the Association and the Control Board in: -Controlling the use of label by production businesses; -Controlling the distribution system in Phu Quoc; -Awareness raising; -Handling infringements. Action 03: Controlling and handling infringements 16

Action 03: Controlling and handling infringements 02 Implementation of market control activities Supporting appeal against infringements in different localities: from 15/08/ Department of Science and Technology to send official letters to its counterparts in all provinces about GI protection for fish sauce and seek for their support. - Through the workshop and press conference in Ho Chi Minh city and Ha Noi, Department of Science and Technology is glad to inform distributors of the PDO granted to fish sauce. 17

Action 03: Controlling and handling infringements - The Department of Science and Technology shall coordinate with the Association to undertake surveillance and check if there is any infringement by distributors and urge functional agencies (market surveillance, inspection, Department of Science and Technology,…) to handle on the basis of Law. 02 Implementation of market control activities Supporting appeal against infringements in different localities: from 15/08/

THE DEPARTMENT OF SCIENCE AND TECHNOLOGY RECOMMENDS 19

1- Fish sauce produders and traders: -Comply with current GI management and use regulations; -Say “no” to products which do not meet the requirements and conditions set out the GI as above mentioned; -Support to propaganda and promotion on how to distinguish GI product; -Provide information and feedback to the Department of Science and Technology about infringement, violation and abuse of Phu Quoc GI in the market. 20

5- Provincial Departments of Science and Technology, Industry and Trade: Inform fish sauce producers and traders of the PDO granted to Phu Quoc fish sauce; Undertake examination and handle violation by individuals and organizations against intellectual property of Phu Quoc fish sauce. 21

ALL INQURIES ARE SENT TO Kien Giang Department of Science and Technology Address: 320 Ngo Quyen, Vinh Lac, Rach Gia city, Kiên Giang province Tel: ; Fax: ; 22

Thank you for your attention! 23

24 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)