So, Each new industrial design is the result of creativity and is a very valuable asset. Foreign enterprises wishing to be granted exclusive protection certificates must register their industrial designs before putting the designs into use or have not yet sold products containing the designs on the market. So can foreign enterprises register industrial designs in Vietnam? Also, what is the procedure for registration of industrial designs for foreign enterprises? 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.
Can foreign enterprises register industrial designs in Vietnam?
According to Art 2 of Intellectual property law in 2005, amended in 2019:
This Law applies to Vietnamese organizations and individuals; foreign organizations and individuals that satisfy the conditions specified in this Law and international treaties to which the Socialist Republic of Vietnam is a signatory.
As stipulated by the Law, Vietnamese organizations and individuals, as well as foreign organizations and individuals, are protected by Vietnam’s Intellectual property law. Therefore, foreign enterprises should be able to register for industrial designs protection. So, now the question is how can they do that? Let’s find out in the next section of the article!
How can foreign enterprises register industrial designs in Vietnam ?
So According to article 89 of Intellectual property law in 2005 on the register of industrial property rights protection, which industrial designs are a part of:
1. Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, and foreign organizations and individuals having production and business establishments in Vietnam shall submit applications for registration of establishment of industrial property rights directly. But they can also do it through a legal representative in Vietnam.
2. Foreign individuals who do not permanently reside in Vietnam, and foreign organizations and individuals that do not have production or business establishments in Vietnam, shall submit applications for registration of establishment of industrial property rights through their lawful representatives in Vietnam.
We can see, for foreign individuals permanently residing in Vietnam and foreign organizations and individuals having production and business establishments in Vietnam, they can submit applications for registration of establishment of industrial property rights directly or they can choose to do so through a legal representative in Vietnam.
So, in the other case, foreign individuals who do not permanently reside in Vietnam and foreign organizations and individuals that do not have production or business establishment in Vietnam can only submit applications for registration of the establishment of industrial property rights through a legal representative in Vietnam.
Industrial design registration procedures
Industrial design registration dossier
- The declaration of request for grant of an industrial design patent (Declaration form) is made according to the form issued by the NOIP (3 copies);
- A set of photos or a set of drawings of the industrial design (fully shows the viewpoints).
- Write a description of the industrial design (3 copies);
- Documents certifying trademark ownership, if the industrial design contains the mark (1 copy);
- Power of Attorney (returned upon receipt of request);
- Documents confirming the legal right to file; if the applicant enjoys another person’s right to file an application (Certificate of inheritance rights; Certificate or Agreement on transfer of the right to file; Work assignment contract or Labor contract) (1 copy);
- A copy of the first application or certification document displayed at the exhibition; if in the application there is a request to enjoy the priority right under an international treaty (1 copy)
The process duration for Registration of industrial designs in Vietnam for Foreign enterprises
Within 12 months from the date of filing the application if there is no objection as well as If the requirements for protection are met, the National Office of Intellectual Property of Vietnam will grant an industrial design registration certificate to the applicant.
Hope this article is useful for you to learn more about:
“the registration of industrial designs in Vietnam for Foreign enterprises“. If you need any further information, please contact LSX Law Firm: 0833102102
Frequently Asked Questions
What is the deadline for granting industrial design protection titles?
02-03 months from the date of paying the application fee.
So, After the decision to grant the protection certificate is issued, The application owner or the applicant’s representative In paying the certificate stamping fee and receiving the certificate of industrial design registration.
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.
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.
Conclusion: So the above is Registration of industrial designs in Vietnam for Foreign enterprises. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
