Similar to trademarks, industrial designs are also signs that distinguish the products of one enterprise from those of competitors. The role of industrial design in business success is undeniable. A beautiful and eye-catching industrial design will attract customers to buy and use the product; creating a corporate identity that contributes to increasing the brand standing in the market. Why must foreign industrial design 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
Why must foreign industrial design be protected?
– The rights of the owner of the industrial design arise only when there is an industrial design protection certificate from the National Office of Intellectual Property according to the procedures of industrial design registration.
Therefore, during the term of industrial design protection, the industrial design owner has the right to request a competent state agency to settle his/her act of infringing upon the industrial design. This is the most basic right and interest of the owner of an industrial design protection certificate.
– Enterprises need to file an industrial design registration application before putting their products on the market to limit risks.
Other reasons why must foreign industrial design be protected?
If enterprises put their products on the market without registering for protection, other competitors in the market may copy or. If those imitators go through the procedures for industrial design protection first, enterprises will face many difficulties in proving their ownership of the industrial design.
– The National Office of Intellectual Property shall only grant an industrial design patent to the earliest applicant among those who jointly file the application and to the object satisfying the conditions for industrial design protection
– During the term of industrial design protection (the maximum term is 15 years), the industrial design owner has the exclusive right to use, assign or transfer the right to use his industrial design. So, businesses can offset the costs of material and intellectual investment and benefit from exploiting their creative output and can reinvest in creative activities.
– Industrial designs help enterprises improve their competitive position in the market, encourage enterprises to compete fairly, and practice honest trade.
– Industrial design adds value to the enterprise’s products. It makes the product attractive and attracts customers. Therefore, the protection of industrial designs is decisive in the business strategy of any manufacturer or enterprise.
– Thanks to industrial design, enterprises can easily segment markets, develop strategies to change product designs and colors according to customer requirements in target markets, and create new markets. The new market is suitable for the products that the enterprise produces.
– Industrial design helps businesses increase their prestige, greatly contributing to the goal of building an image of the business thanks to the association of the business with a specific design of the product.
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.
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: