Before registering for registering foreign industrial designs protection, what are the things to know about protection of foreign industrial designs in Vietnam? Let’s find out in this article with LSX Law firm.
- Intellectual Property Act 2005
Things to know about protection of foreign industrial designs in Vietnam
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.
Why register an foreign industrial design protection?
- When an industrial design is protected by law, the competent state agency will prevent acts of infringing upon the industrial design that you have registered.
- The owner or business will have exclusive rights to use the industrial design for a period of 15 years from the date of filing the application. Some benefits: transfer, transfer ownership, transfer the right to use industrial designs to other individuals, companies, and organizations to help increase profits.
- Having a competitive advantage in the market, gaining more support and trust from customers. As a result, customers increase, partners create more contracts.
- When detecting any individual or organization that has infringed upon the industrial design. You request the involvement of the competent authorities to handle in accordance with the law.
Conditions for registration of foreign industrial design protection
No matter if the industrial design is foreign or not, it needs to meet three factors which are: novelty, creativity, and industrial application.
Please refer to this article where we discuss in detail the Conditions for foreign industrial designs to be protected in Vietnam
Types of foreign industrial designs protected in Vietnam
An industrial design is the external appearance of a product expressed through shapes, lines or a combination of these elements.
An industrial design is a trademark, a set of product labels consisting of elements of shapes and lines shown or combined on the product’s label.
Types of foreign industrial designs not protected in Vietnam
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.
How long does it take to register an industrial design?
Within 12 months from the date of filing the application, if it does not encounter any objections and meets all protection standards, the National Office of Intellectual Property of Vietnam will issue a certificate of registration of industrial designs.
Term of protection of industrial designs
In Vietnam, industrial designs are protected within 5 years from the filing date. And can be extended up to 2 times. Accordingly, up to a protected industrial design will be exclusive for 15 years (if consecutively renewed upon expiration). After that, the industrial design will cease to be exclusive and others can use it without the consent of the owner.
Frequently asked questions
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.
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.