Confidentiality of industrial design registration applications in Vietnam

In the process of product development, protecting intellectual property rights is a crucial step to ensuring competitive advantages in the market. However, many businesses often neglect to secure the confidentiality of industrial design registration applications before publication. This is a sensitive phase, during which all information about the product’s design can easily be copied, causing significant harm to the company’s rights and brand reputation. So, what role does the confidentiality of industrial design registration applications play, and how can businesses ensure the safety of their intellectual property assets? Viet An Law will clarify these matters in the article on confidentiality of industrial design registration applications in Vietnam.

Why is it necessary to ensure confidentiality of industrial design registration applications in Vietnam?

Protecting the rights of creators

Under Article 6 of the Intellectual Property Law 2005 (amended and supplemented in 2022), industrial designs are classified as intellectual property rights. Ensuring the confidentiality of industrial design registration applications safeguards the legal rights of creators before official publication. Without adequate confidentiality, industrial designs risk being copied or exploited before the owner receives recognition and protection rights. Since industrial designs are not legally recognized until a certificate of ownership is granted, premature disclosure may allow others to use or register the design first, thereby undermining the original owner’s priority rights. These issues are particularly relevant in the context of compulsory licensing of patents in Vietnam, where legal protections and confidentiality measures play a critical role in preserving intellectual property rights.

Reasons for confidentiality to avoid legal disputes

Disputes over intellectual property rights: According to the Intellectual Property Law, ownership rights to industrial designs only arise after the issuance of the certificate of ownership for the industrial design. If information about the design is disclosed before the issuance of the certificate, it may lead to disputes over ownership or usage rights of the design, as other parties may claim prior knowledge or usage of the industrial design. Maintaining the confidentiality of registration applications helps protect the priority rights for industrial designs. If the application is made public before the certificate is issued, the applicant may lose this priority right, and others may register the design first, thereby losing the opportunity to safeguard their rights and interests.

Building Trust with Partners and Clients

Information regarding industrial designs may qualify as trade secrets during the period awaiting the issuance of the certificate of ownership. Maintaining confidentiality throughout the registration process not only safeguards intellectual property rights but also reinforces trust with partners and clients, showcasing a strong commitment to protecting competitive advantages within the industry. This principle is particularly important in the context of compulsory licensing of patents in Vietnam, where ensuring confidentiality plays a key role in upholding intellectual property protections and fostering professional relationships.

Confidentiality of industrial design registration applications before publication

According to Article 111 of the Intellectual Property Law 2005 (amended and supplemented in 2022), regulations on the confidentiality of industrial design registration applications before publication are as follows:

• Before the registration application for an industrial design is published in the Industrial Property Gazette, the state agency responsible for managing industrial property rights is obligated to keep the application information confidential.
• Officials and civil servants of the state agency responsible for managing industrial property rights who disclose confidential information in an industrial design registration application shall be subject to disciplinary action. If the disclosure of confidential information causes harm to the applicant, compensation must be provided by the law.

Thus, before the industrial design registration application is published in the Industrial Property Gazette, the state agency responsible for managing industrial property rights is tasked with safeguarding the information in the application to ensure the safety and legal rights of the applicant. Should officials or civil servants of this agency disclose confidential information from the application, they will face disciplinary measures. If such disclosure results in damages to the applicant, the agency is required to provide compensation as stipulated by law. This underscores the strictness in protecting intellectual property rights and ensuring fairness during the industrial design registration process.

How to ensure confidentiality of industrial design registration applications

Before publication, to safeguard the registration application, applicants can implement the following measures:

Ensure the dossier is complete and accurate: A comprehensive dossier helps minimize requests for supplementation or amendments, thereby reducing the risk of information leaks.

Internal confidentiality measures:

Access control: Only authorized personnel should have access to information related to patents or industrial designs.

Secure storage: Files should be stored in highly secure systems or managed through intellectual property management software.

Non-Disclosure Agreement (NDA): Before sharing information with third parties, such as lawyers or partners, it is necessary to sign a non-disclosure agreement to establish legal accountability.

By implementing effective confidentiality measures and adhering to legal regulations, owners can minimize risks and enhance the likelihood of successfully protecting industrial designs.

Key points to note regarding industrial design registration application confidentiality before publication

• According to Article 111 of the Intellectual Property Law 2005, before the publication of an industrial design registration application in the Industrial Property Gazette, the state authority responsible for industrial property management must ensure the confidentiality of the application. This means that information will not be disclosed until official notification is made.
• Before applying, it is necessary to ensure that the industrial design is novel and not easily created by individuals with average knowledge in the relevant field. Additionally, it is important to check whether the design intended for registration falls under categories not eligible for protection.
• Industrial design search: Conducting searches helps evaluate the likelihood of registration and saves time and costs. Applicants should either use the services of the Intellectual Property Office or independently search related information sources.
• Complete dossier: The dossier must include all required documents, such as the declaration, photos, or drawings clearly describing the industrial design. Each application should request registration for one design or a set of products with the same creative concept.
• To ensure the process proceeds smoothly and in compliance with the law, seeking advice from Viet An Law or a professional intellectual property organization is recommended.

The above represents the comprehensive content related to the confidentiality of industrial design registration applications prior to publication, as provided by Viet An Law. If clients require legal consultation, please contact us for the best support.