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An overview of industrial design in Vietnam

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  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

1. Definition

In a legal sense, an industrial design means a specific appearance of a  product embodied by three-dimensional configurations, shapes, colors, or a combination of these elements.
Accordingly, Products may consist of objects, tools, equipment, vehicles, or parts used to assemble or combine those products, manufactured by industrial or manual methods, with a clear structure, function, and independent circulation.

2. General conditions for industrial designs for protection

 An industrial design must satisfy the following conditions:

    Firstly, being new: An industrial design significantly differs from other industrial designs that are already publicly disclosed;

    Secondly, being creative: a person with average knowledge in the similar field cannot easily create the industrial design;

    Lastly, being susceptible to industrial application: An industrial design can be as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.

3. Subject matters not protected as industrial designs

  • Appearance of a product, which is dictated by the technical features of the product;
  • Shape of a product, which is invisible during the use of the product.
  • The external appearance has only aesthetic value (not used as a pattern for an industrial product or handicraft).
  • The external appearance of civil or industrial construction.
  • Intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security.

4. The requests for registration of industrial designs

   Initially, 02 declarations for registration of industrial designs;

   Besides, 01 signed letter of attorney by the applicant;

   Next, 06 sets of photos or drawings from the directions of industrial design registration;

   Finally, 01 description of the industrial design with full content.

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