Industry design

FAQs Intellectual PropertyIndustry design

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Overview about industrial property

1. Definition

An industrial design means a specific appearance of a product embodied by three-dimensional configurations,lines,colors,or a combination of these elements.

2. General conditions for industrial designs eligible for protection

An industrial design shall be protected when it satisfies the following conditions:

Required documents of Industrial Design Applications

The design application shall consist of the following documents:

A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);

Documents, samples, information identifying the design as provided for in Articles 103 of the IP Law 2005 of Viet Nam (e.g. a set of photos, a set of drawings and a description of the industrial design);

Power of attorneys, if the application is filed through a representative;

Industrial Design Examination Procedure

The whole procedure from filing to registration is shown in the flow chart below.

(1) Filing the application

In order to obtain right for industrial design in Viet Nam,you must file the application for granting an industrial design patent,directly or by mail,to the National Office of Intellectual Property of Viet Nam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.

Organizations,individuals of Viet Nam,foreign individuals permanently residing in Viet Nam and foreign organizations and individuals having a production or trading establishment in Viet Nam may file applications for an industrial design patent either directly or though a lawful representative in Viet Nam.

Amendment/supplementation/division/conversion/transfer of applications

1. Amendment and supplementation of applications

a/ Before the NOIP issues a notice on its rejection of an application, a notice on its refusal to grant a protection title or a decision on the grant of a protection title, the applicant may amend or supplement documents of the application on his/her own initiative or upon the request of the NOIP.

b/ In response to a request for amendment or supplementation of the following documents, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents:

Industrial design in Vietnam

General requirements for protection of industrial design in Vietnam

An industrial design shall be eligible for protection if it meets the following conditions:

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