ii The 2nd stage
The second stage of the protection of GIs has been started since the IP Law 2005 came into effect (July 1st 2006). The regulations on GI protection guiding the implementation of IP Law 2005 include
o Decree No. 103/2006/ND-CP dated 22 September 2006 of the Government detailing and guiding the implementation of a number of Articles of the Law on Intellectual Property regarding industrial property (referred to as Decree No.103/2006/ND-CP);
o Decree 105/2006/ND-CP dated 22 September 2006 of the Government detailing and guiding the implementation of a number of Articles of the Law on Intellectual Property on protection of intellectual property rights and on State management of intellectual property (referred to as Decree No.105/2006/ND-CP);
o Decree 106/2006/ND-CP dated 22 September 2006 of the Government providing for sanctioning of administrative violations in the filed of industrial property (referred to as Decree No.106/2006/ND-CP);
o Circular No. 01/2007/TT-BKHCN of February 14, 2007 of Minister of Science and Technology guiding the implementation of the Government’s Decree No. 103/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the law on Intellectual Property Regarding Industrial Property
According to Paragraph 22, Article 4 of the IP Law 2005, “A geographical indication means a sign which identifies a product as originating from a specific region, locality, territory or country”. Following the definition, geographical indication includes geographical name, signs, symbols and images.