In the process of product development, intellectual property protection is an important step to ensure a competitive advantage in the market. However, many businesses often neglect to secure industrial design applications before publication. This is a sensitive period, when all information about the product design can be easily copied, causing serious damage to the interests and reputation of the brand. So what is the role of industrial design application security, and how to ensure the safety of your intellectual property. Viet An Law will clarify in the article below.
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According to Article 6 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), an industrial design is an object of intellectual property rights. The confidentiality of industrial design applications helps ensure the legitimate interests of creators before official publication. If not secured, the industrial design can be copied or taken advantage of before the owner has the right to recognize and protect it.
Before the industrial design was granted a Certificate of Ownership, it was not yet legally recognized. Therefore, if the industrial design information is exposed, others can use it or pre-register, losing the owner’s priority.
Disputes over intellectual property rights: According to the Intellectual Property Law, ownership rights to industrial designs only arise after the issuance of a decision to grant an industrial design ownership certificate. If the information about the design is disclosed before the issuance of the Certificate, it may lead to a dispute over the ownership or use of the design, when other parties can give a known reason or use the industrial design first.
The confidentiality of the application helps protect the right of priority over the industrial design. If the application is made public before the Certificate is issued, the applicant may lose this priority, and others may submit the application first, depriving them of the opportunity to protect their rights.
Information related to industrial designs may be considered as trade secrets pending the issuance of the Certificate. Ensuring confidentiality throughout the registration process helps build trust with partners and customers, demonstrating the seriousness of protecting intellectual property rights and competitive factors in the industry.
According to Article 111 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the confidentiality of industrial design registration applications before publication is as follows:
Thus, before an application for registration of an industrial design is published in the Official Gazette of Industrial Property, the State administrative agency for industrial property rights shall be responsible for keeping the information in the application confidential, ensuring the safety and legitimate interests of the applicant. In case officials and civil servants of this agency reveal confidential information in the application, they will be disciplined. If the disclosure of information causes damage to the applicant, the agency will have to pay compensation in accordance with the law. This shows the strictness in protecting intellectual property rights and ensuring fairness in the process of registering industrial designs.
To ensure the security of the application, the applicant may take the following measures:
Ensure complete and accurate records: A complete set of records minimizes the possibility of requests for additions or modifications, thereby limiting the risk of information leaks.
Decentralization of access: Only responsible persons have access to information related to the invention or design.
Secure storage: Records need to be stored in high-security systems or using intellectual property information management software.
Signing a non-disclosure agreement (NDA): Before sharing information with a third party such as a lawyer or partner, it is necessary to sign a confidentiality agreement to bind legal liability.
By implementing effective security measures and complying with legal regulations, owners can mitigate risks and increase the likelihood of success in protecting industrial designs.
Above is all the content related to the security of industrial design registration applications before publication of Viet An Law. If you need legal advice, please contact us for the best support!
