Tiếng ViệtREGISTRATION PROCEDURE FOR INDUSTRIAL DESIGN
Industrial design means the outward appearance of a product or a component for assembly of a complex product, embodied in three dimensional configuration, lines, colours or a combination of such elements, and can be seen during the use of the product or complex product.
Products herein are understood as objects, tools, equipment or means that are manufactured by industrial or manual method and have a clear structure and functions; parts to be assembled into complex products are those capable of being independently circulated and removable from complex products; and complex products are those made up of multiple replaceable parts that can be removed and reassembled. Products and parts to be assembled and combined into complex products are below collectively referred to as products, except those governed by separate regulations.
(Clause 13, Article 4 Law 50/2005 on Intellectual Property (amended by Law 36/2009, Law 42/2019 and Law 07/2022) and Clause 2, Article 21 Circular 23/2023 on Industrial property)
Legal basis:
– Law 50/2005/QH11 on Intellectual Property and Amendments,
– Decree 65/2023/ND-CP on Industrial Property,
– Circular 23/2023 on Industrial Property.
- Applications for registration
1.1. Declaration for registration according to form of Appendix I Decree 65/2023/ND-CP.
1.2. Industrial design description; the description of the industrial design description must be contains the following contents:
– Name of the industrial design;
– Field in which the industrial design is used;
– The most similar industrial design;
– List of photos or drawings;
– Detailed description of the industrial design;
– Coverage of protection (or claim for protection) of the industrial design.
1.3. 04 sets of photos or 04 sets of drawings of an industrial design.
1.4. Power of attorney;
1.5. Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
1.6. Documents evidencing the right of priority (if the patent application has a claim for priority right).
- Time limit for processing industrial design registration applications
From the date on which the registration application is received by the IPVN, the registration application of an industrial design shall be examined in the following order:
– An industrial design registration application shall have its formality examination within 01 month from the filing date;
– Publication of industrial design registration applications: An industrial design registration application shall be published within 02 months after it is accepted as a valid application;
– An industrial property registration application shall be substantively examined within 07 months from the date of application publication.
- Hague Applications designating Vietnam
After receiving a notice of International Bureau, the state authority in charge of industrial property rights shall process the Hague Application designating Vietnam as follows:
The state authority in charge of industrial property rights shall conduct the substantive examination of the application. Within a time limit of 06 months from the date on which the International Bureau issues the notice, the state authority in charge of industrial property rights shall have its final decision on the possibility to protect the industrial design specified in the application.
- Competent authority: Intellectual Property Office of Vietnam.
- Scope of validity of the Industrial Design Patent: Vietnam.
- Validity of Industrial Design Patent:
– Shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years.
– In order to have the validity of an industrial design patent prolonged, its owner shall have to pay validity prolongation fee./.