COUNTRY : SOCIALIST REPUBLIC OF VIETNAM
CAPITAL : HANOI
LANGUAGE : VIETNAMESE
MEMBER : PARIS CONVENTION, WIPO, WTO
Following can file Design Applications:
a). Author of the Design
b). Employer of the author if Design made during course of employment
c). Person contracting the author to make the design
d). Person to whom the author has assigned the design in writing.
Two or more persons owning interests in the design must apply jointly.
• Copy of the drawings;( six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) - photographs in jpg format
• The full name and address of each creator;
• The full name and address of each applicant;
• The name of article to which the design is applied;
• The filing date, application number and country of the priority application; and
• The priority document
• Statement of Novelty in respect of the articles to which industrial design is applied to. However, not required while registering wallpaper, lace or textile articles.
• Full payment of fees.
Statement of Novelty: Novelty refers to originality, something new or unusual. In this context, if the Patent Office so deems necessary, may direct the applicant to endorse the application and the representations with a brief statement of novelty that he claims over the designs so submitted for registration.
Prior Disclosure destroys novelty of the Design so extreme care has to be taken to maintain secrecy of the Design. However, in Vietnam, applicant can file the application within 12 months after disclosure which will still retain novelty.
An ordinary application does not claim priority.
To come under the scope of registration, a Design should:
• A drawing or a model contrary to public order or morality.
• A drawing or a model that relates to a computer program.
• A drawing or a model whose characteristics are solely dictated by technical function of the product to which it relates.
• A product that needs to be combined with another product, so that each can perform its function.
• Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date. However, a 12 months exception is given to this rule.
• Designs which are not significantly distinguishable from known designs or combination of known designs or
• Comprises or contains scandalous or obscene matter.
Steps to Registration:
i. Finding out whether such a design has been registered previously.
ii. Preparing a representation of the design
iii. Identifying the class of design.
iv. Providing a statement of novelty.
v. Including a disclaimer that the design has not been in the public domain at any point in time.
vi. Claiming a priority date if the design Is registered in other countries.
vii. Determining the fee to be paid.
viii. Ensuring all enclosures are attached.
ix. Complying with objections if any.
x. Providing full details pertaining to contacts and addresses.
Several designs may be combined in one multiple application as long as the products belong to the same class.
Upon receipt of the design application, it is numbered and dated and is given a formalities examination.
Protection to the design is provided for 5yrs., renewable twice for a period of 5 yrs. each.
Renewals & Maintenance:
Renewals have to be requested during the final 6 months of the registration validity period.
Annuity fees to be paid from the 5th year onwards until the 10th yr.
Our attorneys will assist you with renewals and maintenance.
WHY PROTECT DESIGNS IN VIETNAM? Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public. Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers. To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.