So you want to register for foreign industrial design protection in Vietnam? Then have you ever wondered how long does it take for a foreign industrial design to be protected in Vietnam? Let’s find out in this article with LSX Law firm.
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.
How long does it take to get an industrial design protected in Vietnam?
From the date of receipt by the National Office of Intellectual Property, they will consider the application in the following order:
– Formal examination: 01 month
– Publication of applications : within 2 months from the date the industrial design registration application has a decision on acceptance of a valid application
– Substantive examination: within 07 months from the date of publication of the application.
As we can see, it adding the time of all of the processes for the protection of a foreign industrial design, It can take over a year after submitting the application. As this is a process that cost a lot of time, we advise you to submit multiple registration applications if you have more than 1 industrial design to protect.
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. 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.
What is the cost of industrial design protection process?
registration fees and charges – Application fee: 150,000VND;
– Industrial design classification fee: 100,000/01 classification;
– Application examination fee: VND 700,000/person;
– Application publication fee: 120,000 VND;
– Publication fee from the 2nd image onwards: 60,000 VND / 01 image;
– Fee for looking up information to serve the appraisal process: 480,000 VND / 01 subject;
– Fee for assessment of priority right (if any): 600,000 VND / 01 priority application.
Note: Industrial design registration applications need to be classified internationally in terms of industrial designs, in case the Applicant does not classify or classify them incorrectly, the NOIP will conduct the classification and the applicant will The application needs to pay the classification fee according to regulations (VND 100,000 / 01 classification)
The time limit for formal examination of industrial design registration applications?
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 the enterprise’s application meets the conditions, NOIP will notify acceptance of valid applications and publish the applications.