Lesson 3: Harmonizing interests with a great purpose!

(Baonghean) - From the intellectual property rights issues regarding the brand "Nam Dan soy sauce" that we have mentioned, we think that there needs to be a solution to ensure the harmony of interests between the parties involved; with a common goal: to elevate the brand of Nam Dan soy sauce, so that this product is truly a typical specialty of Nghe An.

Through discussion, Mr. Le Van Sy - Deputy Head of the Economic Infrastructure Department of Nam Dan District People's Committee said: "Not only the villagers but also the District People's Committee are very concerned about resolving the problems surrounding the Nam Dan Soy Sauce brand. On October 31, 2014, Nam Dan District People's Committee sent Document 691 to the Department of Science and Technology requesting to preside over the connection for the district to work with Nghe An Seafood Joint Stock Company, thereby implementing the project of building, managing and developing the Nam Dan Soy Sauce collective brand.

However, because the enterprise has not cooperated, the district has not yet had a direction to continue to resolve the issue." According to the Chief Inspector of the Department of Science and Technology, Mr. Nguyen Manh Ha, "Personally, I know that the Department of Science and Technology has sent an invitation to Nghe An Seafood Joint Stock Company with the hope of finding a solution to the Nam Dan Soy Sauce brand problem, but there have been no results yet."

However, the Director of Nghe An Seafood Joint Stock Company, Mr. Nguyen Thanh Hung, affirmed: "We have never received any official dispatch or document inviting us to work from the Department of Science and Technology and the People's Committee of Nam Dan district regarding the Nam Dan Soy Sauce brand." According to Mr. Hung, it is undeniable that soy sauce products have been traditionally produced by Nam Dan people for a long time, but the registration of intellectual property is in accordance with the provisions of law; and in fact, the Nam Dan Soy Sauce brand has been recognized by the Department of Intellectual Property as belonging to Nghe An Seafood Joint Stock Company.

The issue of trademark registration is sensitive in business, moreover, to be granted the right is a very difficult process in terms of research, market analysis,... it takes a lot of time, costs a lot of effort and money of the business. Therefore, the company agrees with the viewpoint of raising the level of Nam Dan Tuong brand; and to do so, it needs the help of the state management agencies of Nghe An province, but must ensure the interests of the parties involved...

Chief Inspector of the Department of Science and Technology Nguyen Manh Ha analyzed the necessity of registering geographical indications for Nam Dan Soy Sauce products.

Regarding this issue, Mr. Nguyen Manh Ha - Chief Inspector of the Department of Science and Technology said: “I do not know why Nghe An Seafood Joint Stock Company has not received the document from the Department of Science and Technology. But the best way to solve this problem is that the parties need to have goodwill and negotiate with each other soon to use and develop the brand together. In case of failure to negotiate, in order to not infringe on the intellectual property rights of Nghe An Seafood Joint Stock Company but still be allowed to use the name Nam Dan for the soy sauce products that organizations and individuals in Nam Dan produce and trade, the only way left is that the Department of Science and Technology will guide Nam Dan district to register a geographical indication for the soy sauce products. Vietnamese law allows this. That is, there is a parallel existence between the previously protected trademark and the geographical indication registered for protection later”.

Regarding this issue, first of all, Nam Dan soy sauce meets the general conditions in Article 79 of the Law on Intellectual Property to be able to register for protection in the form of geographical indications; Circular No. 01 of the Ministry of Science and Technology guiding the implementation of Decree No. 103/2006/ND-CP dated September 22, 2006 of the Government detailing and guiding the implementation of this matter. The possibility of registering the geographical indication of Nam Dan soy sauce will be achieved if there is the consent of the trademark owner, Nghe An Seafood Joint Stock Company, to acknowledge the parallel existence of the trademark and geographical indication.

In case Nghe An Seafood Joint Stock Company objects to the registration of geographical indication, if the Intellectual Property Office considers that the objection is unfounded, the protection of geographical indication is not likely to cause confusion about the origin of the product as stipulated in Clause 3, Article 80 of the Law on Intellectual Property, then the registration of Nam Dan geographical indication can still be accepted.

Mr. Nguyen Manh Ha also affirmed: “The viewpoint of the Intellectual Property Law on resolving the relationship between the protection of a geographical indication and a previously registered trademark aims to harmonize the interests of the trademark owner and the users of geographical indications in the locality. In addition, the viewpoint of the law also aims at the common goal of developing and enhancing the brand of products known to consumers for Nam Dan soy sauce products”.

Many tourists making pilgrimages to Uncle Ho's hometown are interested in Nam Dan Soy Sauce products.

In fact, soy sauce making is a traditional profession in Nam Dan with about 250 households and over 500 workers participating in production, bringing high economic efficiency. If soy sauce products produced in craft villages and craft households in Nam Dan are no longer associated with place names, the reputation of this traditional soy sauce product will be seriously affected. The livelihoods of the people, the dedication to building a brand for traditional specialties of all levels, sectors from the province down to the local level and even businesses will go down the drain. Therefore, there needs to be a balance of interests between the people, the locality and the company that has been granted trademark protection rights to register geographical indications for soy sauce products.

At this point, it is necessary to review the incident in Nghe An where a similar case occurred. It was about the trademark for tea products, because previously Nghe An Tea Company had the exclusive right to the brand “Nghe An Tea”. This has really made it difficult for the development of tea plants because in Nghe An there are many tea growing areas, many tea production and trading units need to use this trademark.

Therefore, the Provincial People's Committee and the Department of Science and Technology have oriented to expand and enhance the Nghe An Tea brand. Nghe An Tea Company at that time agreed with this plan. After that, the Nghe An Tea Production and Trading Association was established with the participation of organizations, production and trading enterprises and tea production households on the principle of voluntariness, equality and sharing of benefits and risks (Nghe An Tea Company is the Chairman of the Association). All members of the Association are allowed to use and exploit the intellectual property rights of the collective trademark "Nghe An Tea". Since then, the "Nghe An Tea" brand has promoted its strengths and built its reputation not only in the domestic market but also in the international market.

In order to solve the problem of Nam Dan Tuong brand, the relevant parties can refer to and research to follow the direction that the province has solved with the brand "Nghe An Tea". Moreover, if a dispute occurs, requiring legal intervention, not only will the relevant parties be harmed, but the long-established reputation of the traditional specialty in Uncle Ho's homeland in particular and Nghe An in general will be seriously reduced.

Nhat Lan - Khanh Ly