Publication time limit for industrial design registration in Vietnam 

With current developments, improving product designs and appearances and creating new designs is an inevitable trend. Industrial design registration is very important, not only to establish and protect intellectual property rights but also to exploit the values that these intellectual properties bring. In the article below, Viet An Law will provide legal information related to the publication time limit for industrial design registration in Vietnam.

Legal basis

• Law on Intellectual Property in 2005, as amended and supplemented 2009, 2019, 2022;
• Decree 65/2023/ND-CP detailing some articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and state management on intellectual property;
• Circular 263/2016/TT-BTC of the Ministry of Finance regulating the collection rates, the regime of collection, payment, management, and use of industrial property fees and charges; amended and supplemented by Circular 31/2020/TT-BTC, Circular 63/2023/TT-BTC;
• Circular 23/2023/TT-BKHCN guides the Intellectual Property Law and Decree 65/2023/ND-CP guides the Intellectual Property Law on industrial property.

What is an industrial design?

Industrial design definition

According to the provisions of Clause 13, Article 4 of the Intellectual Property Law 2005, amended and supplemented in 2009, 2019, and 2022, industrial design means the outward appearance of a product embodied in three-dimensional configuration, lines, colors, or a combination of such elements, and visible in the process of exploiting the uses of a product or complex product.

Conditions for industrial design protection

Industrial designs are protected if they meet the following conditions:

• Novelty. An industrial design is considered novel if that industrial design is significantly different from industrial designs that have been publicly disclosed in the form of use, written description, or any other form domestically or internationally before the filing date of the application or before the priority date if the industrial design registration application has priority rights.
• Creative level. An industrial design is considered creative if it is based on industrial designs that have been publicly disclosed in the form of use, written description, or any other form domestically or internationally before the filing date of the application or before the priority date if the industrial design registration application has priority rights, the industrial design cannot be created easily by a person with average knowledge of the respective field.
• Capable of industrial application. An industrial design is considered capable of industrial application if it can be used as a model to manufacture a series of products with the external appearance of that industrial design using industrial or handicraft methods.

Industrial design registration application

Industrial design registration is an administrative procedure carried out by the National Office of Intellectual Property, in other words, the owner applies to the National Office of Intellectual Property to be granted an exclusive protection certificate for industrial designs.

Industrial design registration applications must meet the general requirements specified in Articles 100 and 103 of the Intellectual Property Law, Appendix I of Decree No. 65/2023/ND-CP, and instructions in Article 21 of Circular 23/2023/TT-BKHCN.

The time limit for publication of industrial design registration applications

Publication date

During the examination process of an industrial design registration application, after the application is submitted to the National Office of Intellectual Property, the application will be assessed in terms of form, specifically assessing the validity of the application according to the requirements of the form, excluded objects, and the right to apply. At the end of the formal examination stage, if the industrial design registration application meets the requirements, the National Office of Intellectual Property will issue a decision to accept the valid application and publish the industrial design registration application in the Industrial Property Official Gazette.

Thus, the industrial design registration application is published in the Industrial Property Official Gazette after the National Office of Intellectual Property issues a decision to accept the valid registration application.

Publication date

• An industrial design registration application is published within 02 months from the date of acceptance of the valid application if the applicant does not request late publication or requests late publication but the application is accepted validly after the time limit for the applicant to request late publication expires;
• An industrial design registration application may be published at a later time at the request of the applicant at the time of filing but not later than 07 months from the date of filing.
• In case the applicant requests late publication and the application is validly accepted before the deadline for the applicant to request late publication expires, the application will be published in the following month, the month in which the time limit for the applicant to request late publication expires;

The time limit for the publication of industrial design registration applications compared to the time limit for the publication of other industrial property rights registration applications is prescribed as follows:

Publication fee

The applicant for industrial design registration must pay the publication fee according to regulations.

Fees for publication of industrial design registration applications are classified into the class of fees for publishing and registering industrial property information, so they are based on the table of industrial property fees and charges issued with Circular 263/2016/TT-BTC, amended and supplemented by Circular 31/2020/TT-BTC, Circular 63/2023/TT-BTC, the fee for publication of an industrial design application is 120,000 VND. If there is more than 1 photo, from the second photo onwards, an additional fee of 60,000 VND must be paid for each photo.

Published content

The content published in the Industrial Property Official Gazette includes relevant information:

• Formally valid application recorded in the decision accepting the valid application (including decision number and decision date)
• Information related to industrial designs:
  • Name and nationality of the author of the industrial design;
  • Information related to valid applications (split application, original application number of split application, etc.);
  • Set of industrial design photos or drawings;
  • Number of options requiring protection;
  • International classification of industrial designs;
  • Other information (if any).

The content of the publication of industrial design registration applications compared to the content of the publication of other industrial property rights subject registration applications have a similarity in that they all include information related to the formally valid application in terms of forms stated in the decision accepting a valid application. In addition, there are other differences as follows:

Industrial design registration service of Viet An Law Firm

• Legal advice on industrial design registration;
• Support in synthesizing and drafting documents to carry out industrial design registration procedures;
• Representing clients, submitting documents, and monitoring progress at the National Office of Intellectual Property;
• Exchange and provide information to customers, and resolve questions during the process of industrial design registration procedures;
• Legal advice and support for legal services after being granted an industrial design protection certificate.

If you have questions or need support services related to the publication time limit for industrial design registration in Vietnam, please contact Viet An Law Firm for the best support!