VietNamNet Bridge – The dispute between a Vietnamese company - Giang Son JSC, and a foreign invested supermarket chain Big C, on the brand “Ga doi Yen The” (Yen The chicken) has brought the initial result temporarily in favor of the business.

On January 21, 2013, Nguyen Nhu Giang, Deputy Director of the Giang Son Company, headquartered in Yen The district of Bac Giang province, sent a letter to local newspapers, denouncing Big C supermarket chain of developing “Ga Doi Yen The” as a private supermarket brand.

Meanwhile, “Ga Doi Yen The” is the brand being developed by Giang Son Company as permitted by the Yen The district people’s committee and Bac Giang Industry and Trade Department. The Bac Giang Science and Technology Department granted the license to Giang Son Company which says that Giang Son has the right to use and develop “Ga doi Yen The” brand.

Luu Xuan Vuong, Chair of the Yen The district, has affirmed that the district’s authorities have not signed any contract or agreement with Big C on the Big C’s right to use “Ga doi Yen The” brand, according to Dau tu newspaper.

In reply, Big C Thang Long affirmed the legitimacy of its distribution of chicken products with “Ga doi Yen The” brand.

Big C now distributes the chicken made of the fowl raised in Yen The district, while the phrase of words “Ga doi Yen The” shows the geographical indication of the goods. Therefore, the distributor believes that the words used come in line with the current laws on intellectual property. Big C has also denied the accusation of violating the intellectual property laws when using the brand.

Also according to Big C Thang Long, the real owner of the certified brand “Ga doi Yen The” is the Bac Giang provincial Sub-department of Standards, Quality and Measurement. Therefore, Giang Son Company is not the owner of the certified brand, while it is just a subject which has the right to use the brand.

Big C said the Thanh Dong II Company is now the supplier of Yen The chicken products to the supermarket chain, and that Big C can present all the documents to show the legitimacy of the deal.

However, the explanation by Big C Thang Long has not been accepted by the Bac Giang province. Dau tu quoted Nguyen Van Xuat, Deputy Director of the Bac Giang provincial Science and Technology Department, which Big C recognizes as the owner of the brand, as saying that Giang Son remains the only company which has been granted the right to use “Ga doi Yen The” brand.

He affirmed that “Ga doi Yen The” is protected by the laws. Therefore, Big C has been violating the intellectual property law.

At the working session between the Bac Giang provincial Department of Standards, Quality and Measurement and Big C Supermarket, Bui Khai Hung from the department asked Big C to stop labeling its chicken products available at the supermarket chain as “Ga doi Yen The,” because this would cause misunderstanding to consumers.

Big C argued that the chicken are really sourced from Yen The, and that the fowl have been provided by Thanh Dong II Company which is responsible to consumers about the origin and quality of Yen The fowl they provide.

Finally, Big C Thang Long has made a compromise. According to Doanh Nhan Saigon, it has accepted to remove “Ga doi Yen The” on chicken products available at the supermarket chain and replaced with “Ga doi: xuat xu Yen The” (Chicken – sourced from Yen The).

Compiled by C. V