What is a homonymous geographical indication?

Homophone geographical indications are understood as geographical indications with identical pronunciation or spelling (Clause 22, Article 4 Intellectual Property Law 2005 amended by Clause 2, Article 1 Intellectual Property Law amended 2009, point d clause 1 Article 1 Amended Intellectual Property Law 2022 and clause 22a is supplemented by point d clause 1 Article 1 Amended Intellectual Property Law 2022).

What general conditions must a protected geographical indication meet?

As analyzed above, homonymous geographical indications are also a form of geographical indications, so they need to meet the general conditions for protected geographical indications.

Specifically in Article 79 Intellectual Property Law 2005 amended by Clause 24, Article 1 Amended Intellectual Property Law 2022 Regulations on general conditions for protected geographical indications are as follows:

General conditions for protected geographical indications

1. Geographical indications are protected if they meet the following conditions:

a) Products bearing geographical indications have geographical origin from the area, locality, territory or country corresponding to the geographical indication;

b) Products bearing geographical indications have reputation, quality or characteristics mainly determined by the geographical conditions of the area, locality, territory or country corresponding to that geographical indication.

2. Homonymous geographical indications that meet the conditions specified in Clause 1 of this Article are protected if that geographical indication is actually used in a way that does not confuse consumers about its geographical origin. of products bearing geographical indications and ensuring the principle of fair treatment between organizations and individuals producing products bearing such geographical indications.

Thus, a protected geographical indication must meet the following general conditions:

- Products bearing geographical indications have geographical origin from the area, locality, territory or country corresponding to the geographical indication;

- Products bearing geographical indications have reputation, quality or characteristics mainly determined by the geographical conditions of the area, locality, territory or country corresponding to that geographical indication.

- That geographical indication is used in practice in a way that does not confuse consumers about the geographical origin of the product bearing the geographical indication and ensures the principle of fair treatment between organizations, individual producing products bearing that geographical indication.

In addition, in Article 82 Intellectual Property Law 2005 Regulations on geographical conditions related to geographical indications are as follows:

- Geographical conditions related to geographical indications are natural factors and human factors that determine the reputation, quality and characteristics of the product bearing that geographical indication.

- Natural factors include climate, hydrology, geology, terrain, ecosystem and other natural conditions.

- Human factors include the skills and techniques of the producer and the local traditional production process.