Industrial design is the outward appearance of a product embodied in three dimensional configuration, lines and colors or a combination of such elements. An industrial design shall be protected when it is novel, creative and susceptible of industrial application. According to the Law on Intellectual Property 2005, some objects shall not be protected as an industrial design; for example, outward appearance which is necessary due to the functions of a product, outward appearance which is of civil or industrial construction works or shape of a product which is invisible during the use of the product.
Rights of industrial design is established on the basis of a decision of the National Office of Intellectual Property to grant a protection title. Industrial design owner who wish to establish industrial design rights shall have to submit a dossier for requirement of protection title at the National Office of Intellectual Property or grant authority to an organization which act as an intellectual property representative like Viet An Law Firm to perform relevant duties.
Conditions of industrial design protection:
Industrial design assessment before registration:
To evaluate the ability of successful industrial design registration in countries as well as to save time and money of clients, Viet An Law Firm kindly suggest clients to assess ability of registration before submitting industrial design protection dossier.
Evaluating about 80% of successful industrial design registration before submitting dossier, Viet An Law Firm could help clients estimate the ability of successful registration. In the event of low success, Viet An Law Firm would consult clients about rising the ability. If the assessment result is optimistic, submitting registration dossier would be performed actively and safely.
Industrial design registration dossier includes:
These documents above needs to be submitted at the same time of declaration form. However, some following documents could be submitted later:
Duration of industrial design registration procedures:
Formal examination duration: 01 month from the submitting day.
The National Office of Intellectual Property shall consider if the dossier is qualified of conditions such as: formality, images, owner, rights to submit dossier, grouping…
If the dossier is qualified, the National Office of Intellectual Property shall issue an acceptance of valid dossier and publish it.
If the dossier is unqualified, the National Office of Intellectual Property shall issue an 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 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 of granting a protection title for the applicant. If the dossier if qualified, the National Office of Intellectual Property shall inform intended grant of protection title for the industrial design.
If the dossier if 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 evidences 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 consecutive renewed after expiration). After that, industrial property shall be not exclusive anymore and other entities could use it without owner’s permission).
Industrial design registration consulting services at Viet An Law Firm:
Clients who have concerns about industrial design registration in Vietnam and relevant problems, please feel free to contact Viet An Law Firm to get legal advice and to be supported in performing procedures!
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