Register for optical machine industrial design in Vietnam

Film projectors, photography, and optical equipment are quite familiar items in modern life. The industrial design of film projectors, photographic cameras, and optical devices is the external appearance of film projectors, photographic cameras, and optical devices expressed by shapes, lines, colors, or a combination of other elements. This factor can be seen during product use.

International Classification of Industrial Designs

According to the International Classification of Industrial Designs (8th Edition under the Locarno Agreement), film projectors, photographic equipment, and optical equipment of class 16 may be protected as industrial design including:

• 16 – 01 Photographic cameras and film cameras 
• 16 – 02 Projectors and viewers 
• 16 – 03 Photocopying apparatus and enlargers
  • Note: Including microfilming equipment and apparatus for viewing microfilms, as well as office machines known as “photocopying” apparatus which use other than photographic processes (in particular, thermal or magnetic processes).
• 16 – 04 Developing apparatus and equipment
• 16 – 05 Accessories 
  • Note: Including filters for photographic cameras, exposure meters, tripods, and photographic flashlight apparatus.
• 16 – 06 Optical articles
  • Note: Including spectacles and microscopes 
  • Not including measuring instruments embodying optical devices (Class 10 – 04)
• 16 – 99 Miscellaneous

Note: Not including lamps for photography or filming (Class 26 – 05)

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.