So, registering for the protection of foreign industrial designs helps businesses protect the intellectual and economic rights of their inventions. Then, what is the process of protecting foreign industrial designs 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.
Process of protecting foreign industrial designs in Vietnam
Step 1: Submit an industrial registration application
For information on Dossier for industrial registration application, please read our other article:
So, At the time of filing an industrial design application, the applicant does not have enough original documents, they can submit the original documents after the deadline as follows:
- The original power of attorney can be submitted later within 01 month from the date of application. However, when submitting the application, a photocopy of the power of attorney is still required;
- Some documents can be submitted within 03 months from the filing date, such as: Vietnamese version of the industrial design description, if there is an English/French/Russian version of that document in the application; Proof of payment of application fee and application publication fee.
Step 2: Inspection of the industrial design registration applications
- Time limit for application inspection: 01 month from the filing date.
- The NOIP will consider the application for eligibility in terms of form, photograph, application owner, filing right, classification, etc.
- If the enterprise’s application meets the conditions, the NOIP will Notice of acceptance of valid application and for publication of application.
- If the enterprise’s industrial design registration application does not meet the conditions, the National Office of Intellectual Property will issue a Notice not to accept the application and request the enterprise to amend. Enterprises make amendments as required and submit amendments to the National Office of Intellectual Property.
Step 3: Publication of industrial design registration applications
- Time limit for publication of industrial designs protection application: 02 months from the date of notification of valid application acceptance.
- Contents of publication of industrial design registration applications are information related to valid applications recorded in notices of acceptance of valid applications, photos and classification of industrial designs.
Step 4: Substantive examination of industrial design registration applications
- Time limit for substantive examination: 09 -12 months from the date of publication of the application.
- The National Office of Intellectual Property considers the conditions for industrial design registration, thereby assessing the possibility of granting a certificate for an industrial design to the applicant. If the industrial design registration application satisfies all conditions, the National Office of Intellectual Property shall issue a Notice of intention to grant a diploma for the registered industrial design.
- If the industrial design registration application does not satisfy the conditions, the National Office of Intellectual Property shall issue a Notice of not granting a protection certificate for the industrial design that the enterprise has registered. In this case, the applicant may consider and send a written response to and appeal against the NOIP’s decision.
Step 5: Issuance of an industrial design protection title
- Time limit for granting the: 02-03 months from the date of paying the fee for the.
- After a decision on grant of a certificate is issued, the applicant or the applicant’s representative In shall pay the diploma stamping fee and receive an industrial design registration certificate.
Finally, Hope this article is useful for you to know more about the process of protecting foreign industrial designs in Vietnam. If you need any further information, please contact LSX Law Firm: 0833102102
Frequently asked questions
So, what is the time limit for substantive examination of industrial design registration applications?
09 -12 months from the date of application publication.
Firstly, the National Office of Intellectual Property considers the conditions for industrial design registration. Then, 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.
So, what is the Basic Dossier for protection of foreign industrial designs application 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: