Registration of protection of industrial design
01. Conditions for application
- Industrial design means the outward appearance of a product embodied in three dimensional configuration, lines, colours or a combination of such elements.
- Products mean articles, equipment, parts used to assemble such products, and are manufactured by industrial or manual methods, having clear structure and function, and being able to circulate independently.
- An industrial design shall be eligible for protection in the form protection title when it satisfies the following conditions:
(a) It is novel;
(b) It is of an inventive nature;
(c) It is susceptible of industrial application.
- In case there are many applications for registration of identical or substantially indistinguishable industrial designs, the protection title shall only be granted for the applicant of the satisfied applications on earlier filing date.
- In case there are many applications for registration of identical or substantially indistinguishable industrial designs and such applications are all satisfied and have the same filing date, the protection title shall be granted to a person under agreement of applicants. If the applicants cannot reach an agreement, the licensing authority shall refuse to grant the protection title.
02. Applicable laws
1. Law on Intellectual Property 2005 (amended in 2009)
2. Decree No. 103/2006/NĐ-CP implementing Law on Intellectual Property on industrial property right
3. Circular No. 01/2007/TT-BKHCN
Step 1: Prepare the following documents
– 02 written declarations of registration of mark
– 01 copy of description of industrial design. The description must contain the following:
+ Title of the industrial design;
+ Use field of the industrial design;
+ Latest similar industrial design;
+ List of pictures of drawings of industrial design; L
+ Detailed description of industrial design;
+ Request for protection of industrial design;
– 04 pictures or drawings of industrial designs;
– Receipt for payment of fees and charges;
Step 2: Submit the file at the National Office of Intellectual Property (“NOIP”)
Step 3: The NOIP receives the file
Step 4: The NOIP shall carry out formal examination within 01 months
Step 5: The registration applications shall be published within 2 months from the date of receipt of the applications if there is a decision on acceptance of the validity of the applications.
Step 6: The applications shall be examined in terms of substantive contents within no more than 07 months from the date of publication of registration applications.
Step 7: The NOIP shall issue a protection title to industrial design