The Registration Of Industrial Designs

The industrial design can be protected through an actual use or a registration. In Vietnam, the protection of industrial design is only through registration. The applications of industrial design registration are filed with the National Office of Intellectual Property or through the Industrial Property Representation Organizations

The registration of industrial designs

1. If the registration of industrial design for the company or organization, pls supplement with the following documents:

No.

Document Name

Quantity

Specification

01

The business license or establishment decision or similar documents

01

The copy

02

Samples of products for design registration or drawings of products

01

The original

03

A preliminary description of the design of the product

01

The original

04

The documents of the ownership of the trademark if the registered industrial design contains the trademark

01

The notarized copy within 3 months 

2. If the registration of the industrial design for an individual, pls supplement with the following documents: (if you register for the company, skip this items)

No.

Document Name

Quantity

Specification

01

ID card/ Passport

01

Copy

02

Samples of products for design registration or drawings of products

01

The original

03

A preliminary description of the design of the product

01

The original

04

The documents of the ownership of the trademark if the registered industrial design contains the trademark

01

The notarized copy within 3 months

 - The implementation period:  10 - 40 working days.
- The effective duration of the industrial design qualification is 5 years

 The renewal of industrial design registration

No.

Document Name

Quantity

Specification

01

 The protection qualification 

02

The original 

 - The implementation period:  10 - 20 working days.

Consultancy of industrial design protection

Registration of industrial designs is an important step in the race to dominate the market while protecting the brand name. An industrial design have the potential to help the consumers makes the informed decisions about the right products and services, protect the legitimate rights and interests of producers and service providers, and encourage the production regenerations and a economic development.  

 V.L.C is an advisory organization in the field of Business - Investment - Intellectual Property who will represent and on behalf of industrial design owners to apply for industrial design protection before the competent State authority. V.L.C represents thousands of local and international clients before the National Office of Intellectual Property in the protection of industrial property objects and the protection of industrial design.

V.L.C gives advice for clients on related issues

- To give advice and look up and evaluate the ability to register the industrial design protection in accordance with the current Law on intellectual property;
- To define in detail the powers of the industrial design owner against acts of infringing upon the exclusive right of the industrial design;
- To give advice on procedures for the establishment of a ownership right of the industrial design in the event that the industrial design satisfies the protection requirements of the law;
- To perform the function of the industrial property representation under the authorization of the client, to carry out the legal procedures for the transfer of the industrial design application;
- To give advice on the Official letter in reply to the National Office of Intellectual Property's comments on the protection competence of the industrial design;
- To complain the refusal decisions to grant the industrial design registration certificate;
- To oppose the application for the Certificate of industrial design registration.

To complete the file and carry out the procedures for industrial design registration

- To complete the registration declaration;
- To be representative of customer to submit and receive results at the National Office of Intellectual Property;
- To be representative to monitor the handling procedures and feedback of the National Office of Intellectual Property;
- On behalf of the customer to complain the Decision of the National Office of Intellectual Property;
- To renewal the qualification of protection of industrial design;
- To give advice on the use of registered industrial design.

Consulting and representing clients in the enforcement of intellectual property rights

- An appraisal and conclusion on infringements of products / services that infringes the industrial design monopoly at the competent state authority;
- To give advice and request the violator to terminate the violation;
- To complain and coordinate with the State agencies for handling violations related to the industrial design and unfair competition related to the industrial design.
+ Conditions of protection registration of industrial design

– It is novel
– It is of a creative nature
– It is susceptible of industrial application.
 (Pursuant to Article 63, Section 2 of the Intellectual Property Law)

An industrial design shall be deemed to be new if it significantly differs from other industrial designs which have been publicly disclosed by use or by means of written descriptions or in any other form either inside or outside Vietnam prior to the filing date for registration of the industrial design.

An industrial design shall be deemed to be creative if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form either inside or outside Vietnam before the filing date for registration of the industrial design, the industrial design cannot be easily created by a person with average knowledge in the art.

An industrial design shall be deemed to be susceptible of industrial application if it can be used as a model for mass manufacture of products with the outward appearance embodying such industrial design by industrial or handicraft methods.

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