Currently, Vietnam is joining new generation trade agreements including CPTPP, EVFTA, and RCEP and to ensure compliance with international commitments after joining, Vietnam has revised a lot of regulations related to objects of intellectual property rights, including industrial designs, has just been approved by the National Assembly on June 16, 2022. Here are some new points on industrial design protection of the IP Law 2022. The following article Viet An Law will provide information on the new points of the IP Law 2022 related to industrial designs.
The IP Law 2022 has revised the concept of “industrial design” by adding the terms listed below:
(i) In addition to “the appearance of the finished product” can also be expressed as “ parts for assembly into composite products”;
(ii) The form of external expression “by form, line, color or a combination of these” and visible in the process of exploiting the utility of the product or complex product.
However, this addition only helps to clarify the concept of industrial design in the current IP Law without any change in the nature of regulations on industrial designs compared to the previous one. This amendment is mainly to fulfill the obligations in Article 12.35 of the EVFTA Agreement on partial/partial protection of a finished product and to clearly define the scope of industrial design protection to facilitate the establishment and enforcement of industrial design rights.
and technological tasks funded by the state budget”; Accordingly, the provisions on cases of industrial designs that are not considered to be lost in novelty in Clause 4, Article 64 of the IP Law 2022 have added a person with the right to registration specified in Article 86a of the IP Law 2022.
According to the Vietnam IP Law 2005, one of the required documents in an industrial design application is a description of the industrial design. In which, the industrial design description must satisfy complicated conditions.
However, the IP Law 2022 has been revised in a simpler way, whereby, an industrial design registration dossier is not required to have a separate description with detailed provisions such as the Law on Departments of Natural Resources and Environment. The 2005 intellectual property law stipulates that instead, only a description of the industrial design is required to be shown in a set of photos and drawings, specifically as follows:
The regulations have been revised towards simplification, allowing applicants to apply for industrial design registration more easily and conveniently in preparing documents. In addition, the amendment of regulations helps to reduce the workload and time for state agencies.
The new and greatest addition to industrial designs is to remove the provisions in Clause 2, Article 86 of the current IP Law and add an exception to the right to registration in Article 86a on the right to registration. Industrial designs are the results of scientific and technological tasks using the state budget. Specifically, Article 86a provides:
In addition, amendments to the provisions of Clause 3, Article 86 of the IP Law 2022, corresponding to the provisions of Clause 4, Article 86 of the current IP Law, specifically change the word “Person” with the right to transfer the right to register for other organizations and individuals in Clause 4, Article 86 of the current IP Law into “Organizations and individuals” has the right to transfer the right of registration to other organizations and individuals in Clause 3, Article 86 of the Law Intellectual property 2022.
The IP Law 2022 further stipulates except for the case of industrial designs in the field of defense and security, any organization assigned to assume the prime responsibility for scientific and technological tasks funded with the state budget shall have the right to have the industrial design registered automatically and without reimbursement.
In case the industrial design is in the field of national defense and security, the right to register such industrial design belongs to the State if the industrial design is created using the entire State budget. If the industrial design is contributed by only a part of the State budget, the eligibility to file an industrial design registration application is determined in proportion to the proportion of the State budget allocated to the process of creating that design.
If the industrial design is determined to belong to the State, the application for registration is determined through the representative of the state owner as one of three subjects: the Committee for the Management of State Capital at Enterprises (CMSC); Ministries or ministerial-level agencies, People’s Committees of provinces and centrally run cities; State Capital Investment Corporation (SCIC).
The representative of the state owner will have to make a public announcement within 90 days to assign the registration right to organizations and individuals in need in the following cases :
In addition, in case the registration right cannot be assigned to organizations or individuals in need, the state owner’s representative will have to publicly announce it on the portal or the website of the agency. management of S&T tasks on industrial design content.
In addition, the IP Law 2022 has additional provisions on restrictions on the transfer of intellectual property rights, whereby they can only be transferred to organizations established under Vietnamese law, individuals who are Vietnamese citizens, and permanent residents in Vietnam. At the same time, organizations and individuals that receive the transfer of rights must perform the corresponding obligations of the host organization.
The IP Law 2022 adds a provision on the validity of international registration of industrial designs designating Vietnam under the Hague Agreement. This addition is to ensure compliance with reality and is necessary because on September 30, 2019, Vietnam officially submitted an application to join the Hague Agreement, and on December 30, 2019, this Agreement was officially valid in Vietnam.
Article 112a of the IP Law 2022 adds provisions related to specific industrial design objects, providing for objections to industrial design registration applications along with the time limit for objecting to industrial design registration applications, specifically, it is possible that this period is four months from the date the industrial design application is published and objections must be made in writing, enclosed with documents or cited as sources of information for proof, and must pay fees and charges.
The addition of regulations aims to speed up the processing of applications, and at the same time to be consistent with the fact that the consideration of objections to the application cannot be separated from the processing of the application.
The IP Law 2022 adds organizations and individuals with internationally registered industrial designs recognized by competent authorities as owners of industrial property objects compared to the current Law on Intellectual Property. act because Vietnam was a member of the Hague Agreement.
Supplementing the provisions in Clause 61, Article 1 of the IP Law 20222 on conditions for individuals to be allowed to practice industrial property representation services, whereby individuals need to meet the following conditions:
certain conditions will be granted an industrial property representation service practice certificate. Compared with the old Law, the 2022 Law adds the following criteria:
The specific regulation of training majors compared with the requirement of only “Having a university diploma” as the old law helps to ensure the quality of industrial property representation services in fields requiring high expertise in the field of industrial property. technical/natural sciences such as industrial designs or inventions.
The Law on Intellectual Property 2022 b adds that commercial legal entities that commit acts of infringing upon intellectual property rights with sufficient elements to constitute a crime will be examined for penal liability differently than in the past, only individuals be criminally responsible. Regulations on administrative sanctions and remedial measures are technically adjusted according to the guidance referring to the provisions of the law on handling administrative violations.
Commercial legal entities that commit acts of infringing upon intellectual property rights with sufficient elements to constitute a crime shall be examined for penal liability.
A written objection or an objection to the grant of an industrial design for registration may invoke and prove one of five legal grounds:
The granted industrial design may be invalidated in whole or in part by any third party if it falls into one of three cases:
Above are the new points of the Vietnam IP Law 2022 related to industrial designs that we synthesize. If you need advice on industrial design registration services, please contact Viet An Law Firm for the best support.
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