Industrial Designs

REGISTER FOR INDUSTRIAL DESIGN PROTECTION

1. Concepts

• Industrial design is the external appearance of a product, expressed by lines, shapes, colors or a combination of these elements.
• Products with industrial designs are understood as objects, tools, equipment, vehicles… in all fields, with a certain structure and function, produced and circulated independently.

2. Protection conditions

Industrial designs are only protected if they fully meet the following conditions:

• Is new on a world scale, meaning it has never been publicly disclosed anywhere in the world, in the form of publication or use.
• Being creative means that the industrial design cannot be created easily by a person with average knowledge of the relevant field.
• Capable of industrial application, meaning capable of being used as a model to repeatedly manufacture a series of products with identical designs by industrial or handicraft methods.

3. Objects that are not protected as industrial designs:

• The external appearance of the product is easily created by people with average qualifications in the respective field, For example:
• The external appearance is required by the technical characteristics of the product or only has technical characteristics.
• The product’s appearance is not visible during use.
• The external appearance has only aesthetic value (not used as a model to manufacture industrial products or handicrafts).
• External appearance of civil or industrial construction works.
• Objects contrary to social interests, public order, and humanitarian principles.

VIPATCO provides customers with all services related to registration and protection of industrial designs. Representing and advising clients on issues related to preparing application documents and submitting applications for protection of industrial designs including:

Look up information and evaluate the possibility of protection before submitting an application for registration or to use and exploit industrial design in commerce to avoid risks; – Submit an application for industrial design registration and pursue the application until there is an official decision on granting a Certificate of Protection in Vietnam or in countries around the world;

Consulting and conducting legal procedures for recording the transfer of industrial design registration applications/ transfer of use rights (Licensing) and transfer of titles;

Consulting and conducting legal procedures for recording amendments related to the registration application/or information in the Industrial Design Certificate, including correcting the name and address of the applicant/owner;

Consulting on protecting the rights of Industrial Design Exclusive Certificate holders;

Consulting and representing clients related to maintaining the validity of Industrial Design Patents, including: consulting and conducting legal procedures to extend Industrial Design Protection Titles.

REGISTRATION OF INDUSTRIAL DESIGNS DOMESTICALLY AND ABROAD

I. Information to be provided

1. Full name, address, nationality of the applicant and author/co-author of the industrial design (if any);
2. Name of industrial park to be registered;
3. Information related to transfer of application rights and priority rights (if any);
4. Information related to requests for priority rights (if any).

II Necessary documents

1. Authorization letter of the applicant for VIPATCO (01Power of Attorney accepting multiple applications at different filing times); (Copy of Power of Attorney accepted at the time of application, original must be submitted within 01 month from the date of application);
2. Certificate of transfer of application rights and priority rights (if any) (If the applicant enjoys the right to apply, the right of priority from another industrial design owner. Copy of the Transfer of right to apply, the right of priority accepted at the time of application, original or Certified copy must be submitted within 01 month from the date of application);
3. Documents requesting priority rights (if any) include: Copy of the first application or document certifying display at the exhibition if the application requests priority rights under the Paris Convention. The above documents must be originals or copies certified by competent authorities or Notaries. (Copies of the above documents are accepted when applying, originals/or certified copies must be submitted within 1 month from the date of application);
4. The description of industrial design includes: Application fields of industrial design; The detailed description must clearly state the basic characteristics of the industrial design sought for protection; 5. 06 (six) sets of photos or drawings of the industrial design, each set usually includes: front, back, right, left, top, bottom (if necessary) and perspective images of the industrial design (Enough to describe the entire nature of industrial design). The size of the photo or drawing is not larger than 210 x 297 mm, and not smaller than 90 x 120 mm. Photos or drawings must be at the same scale; Note: if the industrial design has the same sides, you only need to take a photo or draw one side.

Contact Vipatco Company for advice and the best service at the most competitive prices Email vietstar@vipatco.vn