Industrial Design Registration in Vietnam

An industrial design is the external appearance of a product, which can be expressed through shapes, lines, colours, or a combination of these elements. Industrial design registration is the process by which the creator of an industrial design establishes their rights with the National Office of Intellectual Property (NOIP) in Vietnam to seek legal protection for their creative work. In the article below, Viet An Law will provide an overview of the conditions and procedures for industrial design registration in Vietnam under the current Vietnamese law.

Current legal framework for industrial design registration in Vietnam

The following legal documents govern the industrial designs registration procedure in Vietnam:

• Intellectual Property Law 2005, as amended in 2009, 2019, and 2022;
• Decree 65/2023/ND-CP, detailing certain provisions and enforcement measures of the Intellectual Property Law regarding industrial property, protection of industrial property rights, plant variety rights, and state management of intellectual property;
• Circular 23/2023/TT-BKHCN, providing detailed guidance on certain provisions of the Intellectual Property Law and the implementation of Decree 65/2023/ND-CP;
• Circular 263/2016/TT-BTC, amended and supplemented by Circular 63/2023/TT-BTC, regulates the collection, payment, management, and use of fees for industrial property rights.

Conditions for industrial design registration in Vietnam

Under Article 63 of the Intellectual Property Law, the conditions for industrial design registration in Vietnam are stipulated as follows:

Novelty of an industrial design

According to Article 65 of the Intellectual Property Law, an industrial design is considered novel if it is significantly different from industrial designs that have been publicly disclosed in any form, either domestically or abroad, before the filing date/ the priority date.

Creativity of an industrial design

According to Article 66 of the Intellectual Property Law, an industrial design is considered creative if, based on industrial designs that have been publicly disclosed through use, description in writing, or any other forms, domestically or abroad, before the filing date or the priority date (in the case where the application enjoys priority), the industrial design could not be easily created by a person with average knowledge in the corresponding field.

Industrial applicability of an industrial design

Article 67 of the Intellectual Property Law states that an industrial design is considered industrially applicable if it can be used as a model for the mass production of products with the external appearance of that industrial design, using industrial or handicraft methods.

Objects not protected as industrial designs

Under Article 64 of the Intellectual Property Law, the following objects are not eligible for protection as industrial designs:

• The external appearance of a product islargely determined by its technical feature
• The external appearance of civil or industrial construction works;
• The shape of a product that cannot be seen during its intended use.

Right to register an industrial design

According to Article 86 of the Intellectual Property Law, the right to file an industrial design application belongs to:

• The author who has personally created the industrial design through their effort and expense, or an organisation/individual that has invested funds and materials for the author under an assignment or employment arrangement.
• For industrial designs created using facilities, technical means, or funding from the State budget, the right to register shall be stipulated by the g
• If multiple organisations or individuals jointly create or invest in inventing an industrial design, all of them share the right to register. Such registration can only be made with the consent of all parties.
• Persons or entities entitled to register under Article 86 may transfer their right to register to other organisations or individuals through a written contract, inheritance, or succession as prescribed by law, including in cases where the application has already been filed.

Industrial design registration dossier

Under Articles 100 and 103 of the Intellectual Property Law, an industrial design registration in Vietnam must include the following documents:

• Industrial design registration application form (Form No. 07, Appendix I issued together with Decree No. 65/2023/NĐ-CP);
• 01 description of the industrial design (including drawings, if applicable);
• 04 sets of photographs/drawings of the industrial design;
• Power of Attorney authorising Viet An Law (if the application is filed through a representative);
• Documents proving the right to register, if the applicant is a private enterprise filing on behalf of another right holder;
• Documents proving the right of priority, if priority is claimed;
• Receipt for payment of fees (in case the payment is made via postal services or directly into the account of the Intellectual Property Office of Vietnam).

Procedure for industrial design registration in Vietnam

Step 1: Filing the Application

The applicant may submit an industrial design registration application in person or via postal service to one of the following receiving offices of the Intellectual Property Office of Vietnam (IP Vietnam):

• Head Office: 386 Nguyen Trai Street, Thanh Xuan Ward, Hanoi;
• Ho Chi Minh City Office: 31 Han Thuyen Street, Sai Gon Ward, Ho Chi Minh City;
• Da Nang Office: 3rd Floor, No. 135 Minh Mang Street, Ngu Hanh Son Ward Da Nang City.

Step 2: Formality Examination

Upon receiving the application, IP Vietnam will examine whether it complies with the formal requirements. Based on the results, IP Vietnam will issue one of the following decisions:

• If the application is valid, a Decision on Acceptance of Valid Application will be issued.
• If the application is invalid, IP Vietnam will issue a Notice of Intended Refusal, clearly state the reasons and deficiencies, and give the applicant 2 months to provide comments or make corrections.

If the applicant:

• fails to correct the deficiencies;
• submits corrections that do not meet requirements;
• fails to provide comments; or
• submits unfounded comments,

IP Vietnam will issue a Decision on Refusal to Accept the Application.

Formality Examination Duration: 01 month from the filing date.

Step 3: Publication of the industrial design registration application

Within 02 months from the date the application is accepted as valid, after the decision on acceptance of a valid application is issued, the application will be published in the Industrial Property Official Gazette.
The content of the publication includes the information related to the valid application as stated in the notice of acceptance of the valid application, along with the photographs/ drawings of the industrial design.

Step 4: Substantive examination of the industrial design registration application

The subject matter stated in the application will be assessed for protection eligibility based on the protection criteria (novelty, creativity, and industrial applicability), thereby determining the corresponding scope of protection.

The time limit for substantive examination is 07 months from the date the application is published.

Step 5: Decision on granting/refusing to grant the industrial design protection title

• If the subject matter in the application does not meet the protection requirements, the Intellectual Property Office will issue a decision to refuse to grant the protection title.
• If the subject matter meets the protection requirements and the payment is on time, the Intellectual Property Office will grant the protection title. They will record it in the National Register of Industrial Designs and publish it in the Industrial Property Official Gazette.

Industrial Design Application Fees

According to the schedule of Industrial Property fees issued together with Circular No. 263/2016/TT-BTC, the fees for filing an industrial design registration application are as follows:

• Application filing fee: VND 150,000
• Industrial design classification fee: VND 100,000 / classification
• Application examination fee: VND 700,000 / design
• Application publication fee: VND 120,000
• Publication fee for each additional image from the second onwards: VND 60,000 / image
• Search fee to serve the examination process: VND 480,000 / design
• Examination fee for priority right claim (if any): VND 600,000 / priority application
• Protection title issuance fee: VND 660,000 / design with 06 photographs
• Intellectual property representative fee: according to each party’s fee schedule

Term of Protection for Industrial Designs

According to Clause 4, Article 93 of the Law on Intellectual Property, an Industrial Design Patent (Certificate of Industrial Design Registration) is valid from the granted date. This certificate is effective for five years from the filing date. It may be renewed twice consecutively, each time for an additional five years.

The maximum protection period for an industrial design is 15 years (if renewed continuously upon expiry). After that, the industrial design will no longer be protected exclusively, and others may use it without the owner’s consent.

Industrial Design Classification Table

In the Industrial Design Registration Application Form, the applicant must classify the industrial design according to the International Classification for Industrial Designs of the Locarno Agreement, 13th edition. This classification helps identify the type of product for the registration process.

It is recommended that applicants seek assistance from authorised Intellectual Property representatives to ensure proper classification and compliance with formal requirements, increasing the likelihood that the application will be accepted.

Frequently asked questions (FAQ)

1. Can an industrial design that has already been used be registered for protection?

If your industrial design is new compared to other designs worldwide, but your organisation has already used it or publicly disclosed its images, it will lose its novelty against itself. As a result, the application will be refused protection.

2. How many times can an industrial design be renewed?
   According to Clause 4, Article 93 of the Law on Intellectual Property, an Industrial Design Patent is valid from the date of grant and lasts for five years from the filing date. It may be renewed twice consecutively, each for an additional five years.
   This means an industrial design can be protected for an initial 5 years, with a maximum of 2 renewals, after which it becomes public property and is no longer protected exclusively.
3. Is an industrial design protected internationally or only nationally?
   Industrial designs and intellectual property rights in general are protected within the territory of the country where they are registered. Therefore, an industrial design registered and protected in one country is only valid in that country.

Viet An Law Firm’s Services in the Field of Industrial Design Registration

• Searching for information on the use and registration of industrial designs in Vietnam and abroad.
• Consulting and assessing the feasibility of using and registering industrial designs in Vietnam and abroad.
• Preparing complete application dossiers for protection titles (document translation or drafting industrial design descriptions, protection requests, preparing drawings, completing application forms, and acting as a representative) for clients in filing applications for protection titles and renewing industrial design protection titles in Vietnam and abroad.
• Researching and assessing the possibility of infringement of existing protected industrial design rights.
• Enforcing protected industrial design rights, including investigation, monitoring, negotiation/mediation, initiating court proceedings, or requesting other competent authorities to handle infringements in Vietnam and abroad.
• Negotiating, drafting, appraising, and registering contracts for the transfer of the right to use or the ownership rights of industrial designs in Vietnam and abroad.

For clients seeking consultation, searches, or registration of industrial designs domestically or internationally. Please contact Viet An Law Firm for the best support!