Luật Hoàng Phi Dịch vụ công ty Industrial design Registration in Vietnam

Industrial design Registration in Vietnam

According to Clause 13, Article 3 of the Law on the Intellectual Property 2005 of Vietnam, Industrial design means the outward appearance of a product embodied in three-dimensional configuration, lines, colors, or a combination of such elements.

Industrial design is the appearance of a product embodied in three-dimensional configuration, lines, and colors or a combination of such elements. Rights of industrial design are established based on a decision of the National Office of Intellectual Property to grant a protection title. Hence, Industrial design registration in Vietnam is really necessary to prevent any infringement.

What is an industrial design?

According to Clause 13, Article 3 of the Law on the Intellectual Property 2005 of Vietnam, Industrial design means the outward appearance of a product embodied in three-dimensional configuration, lines, colors, or a combination of such elements.

Products herein are understood to mean articles, tools, types of equipment, or parts used for assembling such products, manufactured by industrial or handicraft methods, with a structure and clear function, be circulated independently.

General conditions for industrial designs to be eligible for protection

According to Article 63 of the Intellectual Property Law 2005 of Vietnam, an industrial design shall be eligible for protection when it satisfies the following conditions:

 Firstly: It is novel

The industrial design shall be deemed to be new if it significantly differs from other industrial designs which have been publicly disclosed by use or by means of written descriptions or in any other form either inside or outside Vietnam prior to the filing date or the priority date, as applicable, of the application for registration of the industrial design.

However, two industrial designs shall not be deemed to be significantly different from each other if they are only different in features of appearance which are not easily noticeable and memorable and which cannot be used to distinguish such industrial designs overall. Besides, the industrial design shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

The industrial design has been published but is not deemed to have lost its novelty if it is published in the following cases, provided that the application for registration of the industrial design is filed within 06 months from the date of publication:

(i) It is published by another person without permission from the person having the right to register it;

(ii) It is published in the form of a scientific presentation by the person having the right to register it;

(iii) It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it.

Secondly: It is of a creative nature

Under Article 66 of the Law on Intellectual Property 2005 of Vietnam, the industrial design shall be deemed to be creative if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the application for registration of the industrial design, the industrial design cannot be easily created by a person with average knowledge in the art.

Thirdly: It is susceptible of industrial application

The industrial design shall be considered to be susceptible of industrial application if it can be used as a model for mass manufacture of products with the outward appearance embodying such industrial design by industrial or handicraft methods.

However, the following subjects are not protected as industrial designs:

– The appearance of the product due to the technical properties of the product is required;

– The appearance of civil or industrial construction works;

– The shape of the product is not visible during use of the product.

The dossier for industrial design registration in Vietnam

In order to register an industrial design in Vietnam, the owner has to prepare the dossiers to include:

– Industrial design registration declaration form;

– Power of attorney (in the case of submitting through a representative);

– Images or drawings of industrial design which show every side of it;

– Description of industrial design;

– Documents show the trademark ownership, in case the industrial design contains a trademark. Detailed: documents show legal rights to submit dossier (in case the applicant is powered by another (Heredity certificate, Certificate or Agreement of submitting rights transfer, Contract of duties or Labor contract).

– Documents proving the right of priority, if there is a claim for priority right;

– Fee and charge receipts.

All documents submitted to NOIP must be in Vietnamese. Other supporting documents may be submitted in other languages but translations must be provided if requested.

Duration of industrial design registration procedures:

Formal examination duration: 01 months from the filing day.

The National Office of Intellectual Property shall consider if the dossier is qualified of conditions such as formality, images, owner, rights to submit a dossier, grouping, etc.

If the dossier is qualified, the National Office of Intellectual Property shall issue an acceptance of a valid dossier and publish it.

If the dossier is unqualified, the National Office of Intellectual Property shall issue a refusal and require dossier adjustment. Applicants shall adjust as required and submit the adjustment to the National Office of Intellectual Property.

Duration of industrial design registration publication: 02 months from the day on which the acceptance of a valid dossier is issued.

Contents of publication of industrial design registration include any information relevant to the valid dossier, images, and industrial design grouping.

Substantive examination duration: 09 months from the dossier publication day.

The National Office of Intellectual Property shall consider the conditions of industrial design registration then evaluate the ability to grant a protection title for the applicant. If the dossier is qualified, the National Office of Intellectual Property shall inform the intended grant of protection title for the industrial design.

If the dossier is unqualified, the National Office of Intellectual Property shall issue a refusal to grant a protection title for the industrial design. In this case, the owner shall consider and send a letter or complaints of the National Office of Intellectual Property’s decision, as well as prove evidence and grounds for granting protection title for the industrial design.

Granting protection title duration: 02 – 03 months from the day on which granting fees are submitted.

After receiving the granting protection title decision, the owner or the representative of the owner shall submit the granting fees and receive the protection title.

Duration of industrial design protection: the industrial design shall be protected for 05 years from the day on which the dossier is submitted and shall be renewed for 02 consecutive times. That means an industrial design shall be protected for 15 years (if it is consecutively renewed after expiration). After that, the industrial property shall be not exclusive anymore and other entities could use it without the owner’s permission).

Just like other types of intellectual property, industrial designs are only valid in Vietnam in which the owner has obtained a registration. Therefore, industrial design registration in Vietnam is really important. If you have any questions, do not hesitate to contact us.

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