Register for musical instrument industrial design

Musical instruments are specialized instruments for exploiting musical sounds and creating rhythmic noises, used for musical performance. Each instrument has its own distinct timbre in terms of reverberation, its own sound intensity, and different pitch. The appearance of musical instruments is associated with cultural history and related to the development of performing arts as well as manufacturing techniques. Through the refinement of performance history practice, many musical instruments gradually disappeared. On the other hand, many types are gradually developed and perfected.

         According to the International Classification of Industrial Designs ( Edition under the Locarno Agreement), musical instruments of class 17 that can be protected as industrial design include:

• 17 – 01 Keyboard instruments
  • Including electronic and other organs, accordions, and mechanical and other pianos.
• 17 – 02 Wind instruments
  • Including organs, harmoniums, and accordions.
• 17 – 03 Stringed instruments
• 17 – 04 Percussion instruments
• 17 – 05 Mechanical instruments
  • Including music boxes
  • Not including mechanical keyboard instruments
• 17 – 99 Miscellaneous

Note: Not including cases for musical instruments (Class 03 – 01), or equipment for the recording or reproduction of sounds (Class 14 – 01).

What is the industrial design of a musical instrument?

         The industrial design of a musical instrument is the external appearance of an instrument represented by shapes, lines, colors, or a combination of these elements visible during the use of a product.

Application for registration of industrial design

• 02 industrial design registration declarations, typed according to form No.03 KDCN, Appendix 3 of the Circular No.01/2007/TT-BKHCN;
• 01 description of the industrial design; (The industrial design description must satisfy the provisions of Point 33.5 of the Circular No.01/2007/TT-BKHCN, the industrial design copy must include the following contents: name of the industrial design, field of industrial design use; the closet similar industrial design; list photos or drawings; detailed description of the industrial design; claims for protection of industrial design;
• 04 sets of industrial design photos/drawings;
• Receipts of fee payments;
• A power of attorney (if the industrial design application is submitted through an industrial property representation service organization);
• Transfer of application right (if any);
• Documents confirming the right to register (if the beneficiary is from someone else);
• Documents proving the right of priority (if the industrial design application has a claim for priority right)

Procedures and orders for industrial design registration 

How to apply: An industrial design registration can be submitted as a paper form or online

• Submit directly: Applicant can be submitted an industrial design registration directly or via postal service to one of these following agencies of the Intellectual Property office, specifically:
  • The Intellectual Property head-office, address: 386 Nguyen Trai street, Thanh Xuan district, Ha Noi.
  • The representative office of the Intellectual Property office in Ho Chi Minh city, address: floor, Ha Phan building, 17/19 Ton That Tung Street, Pham Ngu Lao ward, District 1, Ho Chi Minh city.
  • The representative office of the Intellectual Property office in Da Nang, address: 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son district, Da Nang.
• Submit via online: Applicant needs a digital certificate and digital signature, register an account on the Online Application Receiving System and has an account approved by the National Intellectual Property Office to perform rights registration transaction

From the date of acceptance, an industrial design will be considered in the following order:

• Form appraisal: 01 months;
• Publication of application: within 02 months from the date on which the industrial design registration application has a decision on acceptance of a valid application;
• Content appraisal: within 07 months from the date of publication;
• The time limit for granting the protection title: 02 – 03 months from the date of paying the granting fee. After having a decision to grant a title, the applicant or the applicant’s representative receive the protection title.

Term of industrial design protection 

         In Vietnam, industrial design is protected in 5 years from the submission date and it can be extended up to 2 times. Accordingly, up to a protected industrial design will be exclusive for 15 years (if consecutively renewed upon expiration). After 15 years, the industrial design will cease to be exclusive and others can use it without the consent of the owner.

Viet An Law Service on industrial design registration in Vietnam

• Search for information on the use and industrial design registration protection in Vietnam and abroad;
• Consult, assess the usability, registration of protection of industrial design in Vietnam and abroad;
• Complete application for a protection title;
• Research and evaluate the possibility of infringement of industrial design right being protected;
• Exercise protected industrial design right: investigating, monitoring, negotiating/mediation, taking legal action to a court or requesting other competent authorities to handle infringement in Vietnam and abroad;
• Negotiate, draft, appraise and register a contract for the transfer of the right to use or own industrial design in Vietnam and abroad.