So, registering for the protection of foreign industrial designs helps businesses protect the intellectual and economic rights of their inventions. One thing to know before carrying out this procedure is the Dossier for protection of foreign industrial designs in Vietnam. Let’s find out in this article with LSX Law firm.
Legal Ground
Intellectual property law in 2005, amended in 2019
What is Industrial Design?
So, an industrial design is the external appearance of a product, represented by lines, shapes, colors, or a combination of those elements, which is new to the world and used as a model for manufacturing industrial or handicraft products.
Dossier for protection of foreign industrial designs in Vietnam
Dossier for protection of foreign industrial designs in Vietnam includes
– 02 Industrial design registration declarations according to form No. 03-KDCN Appendix A of 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 Circular No. 01/2007/TT-BKHCN, the industrial design copy must include the following contents:
+ Name of the industrial design;
+ The fields the industrial design is in use;
+ The nearest similar industrial design;
+ List photos or drawings;
+ A detailed description of the industrial design;
+ Claims for protection of industrial designs].
– 04 sets of photos/drawings of industrial designs.
– Proof of payment of fees and charges.
Other documents (If required)
– Power of attorney (if required);
– The transfer of the right to file an application (if required);
– Documents confirming the right to registration (if beneficiary is from someone else);
– Documents proving the right of priority (if the industrial design registration application has a claim for priority right).
General requirements for Dossier for protection of foreign industrial designs in Vietnam
– Each application may only request for one protection title and the type of protection title requested must be consistent with the industrial design stated in the application;
– All documents of the application must be made in Vietnamese. For documents made in other languages as prescribed at Points 7.3 and 7.4 of Circular 01/2007/TT-BKHCN, they must be translated into Vietnamese;
– All documents must be presented vertically (figures, diagrams and tables can be presented horizontally only) on one side of A4 size paper (210mm x 297mm), with four margins left. side, each margin is 20mm wide, in Times New Roman font, font size not less than 13, except for supporting documents whose origin is not intended to be included in the application;
– If each type of document includes many pages, each page must have the page number in Arabic numerals;
- Prints Documents with indelible ink, in a clear, clean, non-erasable, unmodified manner; in case of detecting insignificant spelling errors in documents, the applicant may correct such errors. But the corrected signature must be signed at the place of correction. (and stamp, if applicable);
Additionally, Terminology used in the application must be consistent and common (do not use dialects, rare words, and self-created words). Symbols, units of measurement, electronic fonts, and spelling rules used in the application must comply with Vietnamese standards);
Also, An application may be accompanied by an electronic data carrier supporting document of part or all of the content of the application.
What else you need to know to get an industrial design protection in Vietnam?
Before registering to get industrial design protection in Vietnam, there are other things you need to know. Because of this, Law firm X recommends you to check out our articles on Registration of industrial designs in Vietnam for Foreign enterprises, Conditions for foreign industrial designs to be protected in Vietnam.
Finally, Hope this article is useful for you to know more about the dossier for protection of foreign industrial designs in Vietnam. If you need any further information, please contact LSX Law Firm: 0833102102
Frequently asked questions
The time limit for substantive examination of industrial design registration applications?
09 -12 months from the date of application publication.
The National Office of Intellectual Property considers the conditions for industrial design registration. they will assess the possibility of granting certificates for industrial designs. If the industrial design application meets all the conditions; The National Office of Intellectual Property issues a Notice of intent to grant a license for a registered industrial design.
Basic Dossier for protection of foreign industrial designs in Vietnam?
1 month from the date of application. During this time, The National Office of Intellectual Property will consider the application to be fully qualified in terms of form, photograph, application owner, filing right, classification, etc. Also, If th
Dossier for protection of foreign industrial designs in Vietnam includes
– 02 Industrial design registration declarations according to form No. 03-KDCN Appendix A of 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 Circular No. 01/2007/TT-BKHCN, the industrial design copy must include the following contents:
Why foreign businesses should register industrial designs?
When protected designs will ensure the right of enterprises to their designs. Besides helping to strengthen the brand, at a positive image. Later it is possible to gain additional profit by licensing other businesses to use this design.
Conclusion: So the above is Dossier for protection of foreign industrial designs in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
