On the consumer market, to participate in healthy competition and at the same time protect the brand, registering for industrial design protection is an extremely important step. Eye-catching products attract customers. Therefore, manufacturers have invested a lot of money in industrial design. For foreign investors/businesses, one question is on the table. What are the conditions for foreign industrial designs to be protected in Vietnam? Let’s find out in this article with LSX Law firm.
- Law on Intellectual Property
What is Industrial Design?
Industrial design is the external appearance of a product. Expressed by shapes, lines, colors, or a combination of these elements.
Conditions for foreign industrial designs to be protected in Vietnam
No matter if the industrial design is foreign or not, it needs to meet three factors which are: novelty, creativity, and industrial application.
For example, Mr. A personally researches and creates new motorcycle designs. That car has never been invented before. At the same time, A tested the car to be applicable in daily life. The industrial design of Mr. Therefore, a can register for the industrial design of his car.
Novelty in industrial design
This is a basic prerequisite when registering industrial designs protection in Vietnam. The design must be different from existing and existing designs. Besides, The public should be aware of it by use. Or by means of description in writing or in any form whether inside or outside Vietnam before the date of filing the application for registration of the industrial design.
A typical example is the design of Vinmart electric cars. There have been no previous claims of use similar to this design.
In order to determine an industrial design can be registered for protection, The business/owner should check at the National Office of Intellectual Property or through an online search. This search will be very difficult because the documentation of the products is huge.
There are actually a lot of applications that bounce back due to not meeting the novelty standard. Subjects may forget to compare their works or are unaware of this process used to check for novelty.
Creativity in industrial designs
To evaluate the creativity of the industrial designs stated in the application. It is necessary to compare the basic design features of that industrial design to search for duplicate or similar designs.
Capable of industrial application
An industrial design is a template for mass production of products with the appearance of that industrial design by industrial or manual methods.
Unprotected industrial designs
There are three cases where industrial designs aren’t protected in Vietnam as follows:
First, the object has a non-fixed state of existence. That is, the shape of the product is not visible during use.
Second, it is the external appearance of a civil or industrial building. For example, the shape of a hotel, a medical facility, a cultural building, etc.
Thirdly, it is the external appearance of the product due to the characteristics that the product must have. For example, the flat, flat shape of a data recorder is characteristic.
Types of Industrial Designs Protected in Vietnam
- An industrial design is the external appearance of a product. Expressed through shapes, lines or combinations of these elements.
- An industrial design is a trademark, a set of product labels. Includes geometrical, contoured elements shown or combined on a product’s label.
Frequently asked questions
How many steps are in the processing of an industrial design application?
The process consists of 3 steps: Receipt of application, the formal examination of the application, publication of industrial property registration application.
Where are fees and charges for industrial design registration regulated?
In Circular No. 263/2016/TT-BTC stipulating the rate, collection, payment, management, and use of fees for industrial property.
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.