The brand problem and the solution from intellectual property

With a total of 99 registered trademarks, of which 90 have been granted protection certificates at the Department of Intellectual Property, maintaining the reputation and value of these “intangible assets” is extremely important for the economic development of Lam Dong province.

The brands are certified under the slogan "Da Lat - A miraculous essence from fertile land".

Change of subject

According to statistics from the Department of Science and Technology, Lam Dong currently manages a large volume of intellectual property assets from three former localities, including: Lam Dong (formerly): 47 trademarks (39 of which have been granted certificates); Dak Nong (formerly): 12 trademarks (11 of which have been granted certificates); and Binh Thuan (formerly): 40 trademarks (all of which have been granted certificates).

However, the reorganization of administrative units and the restructuring of local governments into a two-tiered model have changed the ownership and management of these protection certificates. The previous regulations on trademark management and certification area maps are no longer suitable. In response to this situation, the Provincial Department of Science and Technology promptly issued a document to review, compile statistics, and propose solutions to ensure that these community trademarks are not disrupted during the transition.

According to Mr. Tran Huu Thanh Nha, Head of the Technology and Innovation Department of the Department of Science and Technology, to address the issue of changing ownership, the Department of Science and Technology has proposed solutions suitable for each type of trademark. Specifically, for certification trademarks formerly owned by the district level: It is proposed to transfer ownership to the People's Committees of communes with large-scale production located within established geographical areas. This is a strategic step to empower management closer to the reality of production, helping people and local authorities directly participate in protecting and developing the brand. In cases where products are scattered across many communes, one central commune will be selected as the main owner, while other communes will be co-owners. This ensures linkage and consistency in management.

Mr. Tran Huu Thanh Nha also gave a practical example: For the "Da Huoai Durian" brand, based on the planting area and product output, the People's Committee of Da Huoai District (formerly) proposed assigning Da Huoai 2 commune as the main owner; at the same time, Da Huoai and Da Huoai 3 communes would be co-owners; the "Cat Tien Rice" brand would be assigned to Cat Tien commune as the direct owner.

Promoting the brand "Da Lat - A miraculous essence from fertile land"

Specifically for trademarks with a broad certification scope, involving multiple products and geographical areas, such as the "Da Lat - A Miraculous Quintessence from Fertile Land" certification mark, which was granted by the Intellectual Property Office for product groups including vegetables, flowers, Arabica coffee, and agro- tourism , with the certification area encompassing Da Lat, Lac Duong, Don Duong, and Lam Ha; previously, the Provincial People's Committee assigned the Da Lat City People's Committee as the owner and manager of this trademark. However, after the reorganization of administrative units, Da Lat City is no longer a district-level administrative unit; assigning management to a ward would not ensure geographical representation and would be difficult to meet the requirements for quality control and product origin verification. Therefore, in the near future, the Department of Science and Technology plans to advise the Provincial People's Committee to assign a specialized provincial agency with sufficient functions and capacity to perform quality control to manage the certification mark.

Strict and effective management

According to the provisions of the 2009 Intellectual Property Law, the Department of Agriculture and Environment of Lam Dong province is a specialized agency under the Provincial People's Committee, with the function of advising on state management of agriculture, quality and food safety for agricultural products. At the same time, it does not directly produce or trade related products. Therefore, this Department has the legal qualifications and professional capacity to own the certification mark; organize the implementation of quality certification for organizations and individuals with products within the certification scope; control product quality; and develop tools for managing and sustainably developing the brand in the future.

Voco Trading Import-Export Company Limited (Lam Dong)

Specifically for the "Agritourism" product group within the scope of the aforementioned certification mark, the Department of Science and Technology plans to advise the Provincial People's Committee to assign the Department of Culture, Sports and Tourism as the managing unit to grant the right to use the certification mark to organizations and individuals that meet the regulations in the Certification Mark Management Regulations, in order to ensure that each agency fulfills its functions and expertise in brand development.

It can be said that the merger of administrative boundaries poses many challenges, but also presents an opportunity to reorganize the administrative apparatus, creating a more cohesive and efficient system. Proposals from the Department of Science and Technology demonstrate the proactive approach of local authorities in protecting intellectual property assets and maintaining the reputation and value of distinctive brands. This not only reassures people in their production but also opens up new avenues for the sustainable development of local products in the context of deep integration.

Source: https://baolamdong.vn/bai-toan-thuong-hieu-va-loi-giai-tu-so-huu-tri-tue-389239.html