Renewal of validity of industrial design protection title

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

Normally, Industrial design registration shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date. Further, the registration may be renewed for two consecutive terms, each of 5 years.

To have the validity of the industrial design protection title renewed, a protection titleholder shall file a request for renewal of protection titles’ validity. Additionally, the titleholder must pay a validity renewal fee within six months before the expiration of the validity term. Actually, the payment of the validity renewal fee may delayfor no more than six months after the expiration of the current validity term. However, the protection titleholder shall pay the delayed renewal fee for each month of delayed payment.

A request for renewal of industrial design protection titles’ validity

+ Declaration requesting renewal of protection titles’ validity (according to form 02-GH/DTVB Appendix C of Circular No. 01/2007/ TT-BKHCN);

+ Original protection title (if the extension is requested to be recorded in the protection title);

+ Power of attorney (in case the through a representative)

+ A copy of the receipt of fees and charges;

+ Other documents (if necessary)

The time limit for renewal of industrial design protection titles

IPVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.

Result for renewal of industrial design protection titles

If the request is considered valid, the IPVN shall issue a decision on renewal of the protection title, register, and publish it in the Industrial Property Official Gazette. In contrast, the IPVN shall issue a decision on its rejection of the request for protection title renewal. NOIP will return the certificate (if any) and record the renewal to the owner. 

Fees and charges for renewal of industrial design protection titles

+ Initially, Official charge for renewal of protection titles: VND 100,000/ 01 variant;

+ In addition, Official charge for delayed renewal: renewal fee plus 10% for each month of delayed payment;

+ Next, Fee for examination request for renewal of protection titles: VND 160,000/ 01 protection title;

+ Plus, Fee for protection title usage: VND 700,000/ 01 variant;

+ Further, Fee for publication of the decision of renewal of protection titles: VND 120,000/ 01 request;

+ Lastly, Fee for recording decision of renewal or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.

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