Question 4. How to process Hague industrial design Applications designating Vietnam?

After receiving a notice of International Bureau, IP Vietnam shall process the Hague Application designating Vietnam as follows:

1. IP Vietnam shall conduct the substantive examination, in which within a time limit of 06 months from the date on which the International Bureau issues the notice, IP Vietnam shall have its final decision on the possibility to protect the industrial design specified in the application.
2. In the case where the industrial design specified in the application is protectable in accordance with the laws of Vietnam and the application has no deficiency, IP Vietnam shall:
3. a) Before the above time limit of 06 months ends, issue a decision to recognize the protection of the internationally registered industrial design specified in the application, record the information to the National Industrial Design Register (in “Internationally Registered Industrial Design” Section) and send to the International Bureau the statement of grant of protection to the industrial design, made using the form of the International Bureau;
4. b) Publish the decision on the Industrial Property Gazette within a time limit of 02 months from the date on which the decision is issued.
5. In the case where the industrial design is unprotectable or the application is incomplete (lacking photos/drawings resulting in the inadequate description of the design characteristics of the industrial design or the international registration does not comply with statements of Vietnam or there is information to be verified, etc.), before the above time limit of 06 months ends, IP Vietnam shall issue a notice of refusal made using the form of the International Bureau, which specifies the refusal and reasons for such refusal, and send such notice to the International Bureau.
6. In the case where some industrial designs in the application are unprotectable or the application has deficiencies with respect to some industrial designs, before the above time limit of 06 months ends, IP Vietnam shall carry out the procedures below:
7. a) Issue a notice of refusal of any unprotectable or incomplete industrial design, which is made using the form of the International Bureau and specifies the refusal and reason for such refusal, and send such notice to the International Bureau;
8. b) Issue a decision on grant of protection to any protectable and complete industrial design, record the information to the National Industrial Design Register (in “Internationally Registered Industrial Designs” Section) and send to the International Bureau the statement of grant of protection to the internationally registered industrial design, which is made using the form of the International Bureau and specifies the industrial design accepted for protection;
9. c) Publish the decision on the Industrial Property Gazette within a time limit of 02 months from the date on which the decision is issued.
10. Within a time limit of 03 months from the date on which IP Vietnam issues the notice of refusal, the applicant may correct the deficiencies or appeal against the refusal of IP Vietnam. Any correction or appeal against the refusal specified in the notice shall be adopted/conducted following the same procedures applicable to the industrial design registration application filed under the national procedures, including regulations on filing methods.

In the case where the Hague Application is intended to be refused due to failure to satisfy the uniformity requirements of the Law on Intellectual Property, the applicant may correct such deficiency by separating any industrial design(s) in the application into new application(s). IP Vietnam shall divide the application and issue decisions and notices of new applications independently from the parent application.

6. In the case where the applicant adopts a qualified correction and/or has justifiable appeal within the time limit of 03 months, IP Vietnam shall:
7. a) Issue a decision on grant of protection of any protectable and complete industrial design, record the information to the National Industrial Design Register (in “Internationally Registered Industrial Design” Section) and send to the International Bureau the statement of grant of protection to industrial design after refusal, which is made using the form of the International Bureau and specifies the industrial design accepted for protection;
8. b) Publish the decision on the Industrial Property Gazette within a time limit of 02 months from the date on which the decision is issued.
9. In the case where the applicant fails to correct the deficiencies or adopts unqualified corrections, or fails to have any appeal or has unjustifiable appeal against the refusal of industrial designs after the time limit of 03 months, IP Vietnam shall issue a decision to refuse the protection of such industrial designs.
10. After the time limit of 03 months from the date on which the International Bureau issues a notice of Hague Application designating Vietnam but the applicant fails to file any priority document or has such a document refused by IP Vietnam, the application shall be considered not claiming the right of priority.
11. Procedures for complaining and resolving complaints about decisions shall be similar to those applicable to industrial design registration applications filed under the national procedures. In the case where several or all of the previously refused industrial designs are now protectable as the result of the complaint resolution, IP Vietnam shall send the statement of grant of protection to the internationally registered industrial design to the International Bureau after the refusal, which is made using the form of the International Bureau and specifies the industrial designs accepted for protection.

10. In the case where a third party raises concerns about the Hague Application designating Vietnam before the date on which the decision on grant of protection, such concerns shall be considered as references for the processing of the Hague Application designating Vietnam.