Procedures for registration of industrial designs

An industrial design is the result of product creation and is an asset to the business. However, enterprises nowadays often pay little attention to registering intellectual property rights to industrial designs and enterprises will not be able to register industrial designs if the products are sold to the market.

So what is the registration procedure for industrial designs?

Industrial design is the appearance of a product represented by shapes, lines, colors or a combination of these elements.

Protection conditions:

–  New: if the industrial design is significantly different from other industrial designs that have been publicized in many different forms.

–  Creativity: if industrial designs registered in comparison to industrial designs that have been disclosed in different forms cannot be created easily by a person with average knowledge of the field. corresponding.

–  Possibility of industrial application: if the design can be used as a model to mass manufacture products with similar appearance by industrial or manual production process.

The following objects are not protected in the name of an industrial design:

–    Appearance of the product is required by the technical characteristics of the product;

–   Appearance of a civil or industrial construction work;

–   Appearance of a product that is invisible during use of the product.

–  Declaration for registration of industrial designs;

–  Description of the industrial design (Design name; Field of use; Similar design; Photo or drawing; Detailed description of the design; Protection claim)

–  Photos / drawings of the industrial design;

–  Receipt of payment of fees and charges;

–  Other documents.

Individuals and organizations shall submit dossiers of industrial design registration to the National Office of Intellectual Property.

The NOIP will receive and check the trademark registration application according to the following procedures:

–  Appraisal form: 01 month;

–  Application publication: within 2 months from the date of issuance of the NOIP’s decision to accept the application;

–  Examination of content: within 7 months from the date the NOIP publishes the application.

Protection Certificate are valid throughout the territory of Vietnam. An industrial design protection Certificate is valid for five (05) years from the filing date and can be extended up to 2 times, each five (5) years.