Registering an industrial design is a necessary measure when an enterprise owns a unique design and wishes to bring that product to the market and make profits from commercializing that product. Design registration for a product is the first step in the process chain to ensure that the product is protected by intellectual property rights and is not stolen or infringed by other parties.
Clause 13, Article 1 of the 2022 Intellectual Property Law No. 07/2022/QH15 (“Intellectual Property Law 2022”) stipulates: “Industrial design is the appearance of a product or part for assembly into a complex product, represented by shapes, lines, colors, or a combination of these elements, and visible in the process of exploiting the utility of a product or a complex product.”
An industrial design is protected if it fully meets the following conditions:
– Novelty: An industrial design is considered novel if it is significantly different from industrial designs that have been publicly disclosed in the form of use, written description or any other forms in Vietnam or abroad.
– Inventiveness: An industrial design is considered to be creative if it is based on industrial designs that have been publicly disclosed in the form of use, written description or any other form in the country or abroad, such industrial design cannot be easily created by a person with average knowledge of the respective field.
– Capable of industrial application: An industrial design is considered to be industrially applicable if it can be used as a model for mass production of products with the appearance of that industrial design by industrial or manual methods.
To register an industrial design in Vietnam, an enterprise needs to take the following steps:
1. Check the above novelty, inventiveness and industrial applicability against designs already registered or recognized for protection.
2. Find out the regulations and conditions for industrial design registration at the National Office of Intellectual Property of Vietnam (NOIP).
3. Filing an industrial design registration application at NOIP: The application must provide complete information about the owner, the design to be registered, a description of the design, images, related documents and other information required by NOIP.
4. Pay registration fees and related fees in accordance with NOIP regulations.
5. After receiving the application for registration, NOIP will conduct an examination of the application file and assess the protection conditions of the design. If the standards are met, NOIP will issue a design registration certificate to the owner.
Note that the industrial design registration process may vary from country to country or region to region. For more detailed information, it is best for businesses to find out information by themselves at NOIP or contact to use the full service of law firms specializing in intellectual property in Vietnam and internationally.
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