- Email: rubby@ipcells.com
Wednesday, December 6, 2023
1. Application
1.1. Application requirements
A description is required. Vietnam made the declaration referred to in Article 5(2)(a) of the 1999 Act, whereby an international application designating Vietnam shall contain a brief description of the characteristic features of the design, pursuant to Article 5(2)(b)(ii).
A claim is required in compliance with the common form: “Application for overall protection for industrial design(s) as shown and described.” Vietnam made the declaration referred to in Article 5(2)(a) of the 1999 Act, whereby an international application designating Vietnam shall contain a claim for protection of the design, pursuant to Article 5(2)(b)(iii).
Indications concerning the identity of the creator are not required, although such information is required for a Vietnamese national application.
1.2. Drawings/photos
A perspective view for three-dimensional designs is required. The Intellectual Property Office of Vietnam (IPVN) may, however, refuse the application as not being sufficient to fully disclose the industrial design under Rule 9(4) if other views, especially six orthogonal views (front, back, top, bottom, right side and left side views), are not provided.
1.3. Filing and designation
An international application in which Vietnam is the applicant’s Contracting Party may be filed with the IP Office or the International Bureau of WIPO.
An international application in which Vietnam is the applicant’s Contracting Party may designate Vietnam.
2. Publication
Deferment of the publication is possible. The Vietnam’s amended IP Law 2022, for the first time, allow applicants to delay publication of industrial design applications up to 7 months with condition the applicant must file a deferral request at the time of filing application, specifically:
“Industrial design registration applications may be published later date upon requested by the applicant at the time of filing application but not later than seven months from the filing date of application”.
3. Examination
The period for the notification of refusal is six months from the publication date.
If the application is error or invalid, the IPVN shall issue a notice of that and the holder has three months to file a response to the notification of refusal with the IPVN, with the possibility of one three-month extension.
4. Protection Term
The term of protection is 15 years from the registration date. The International Bureau of WIPO will send the IP Office a copy of the international registration, along with any relevant statement, document or specimen accompanying the international application.
Communication from the International Bureau of WIPO to the IP Office is to be in English and International applications filed with the IP Office must be in English.
In case you need assistance on Industrial Designs registration through the Hague System in Vietnam, please do not hesitate to contact us via email: rubby@ipcells.com
The validity of a patent may be suspended if the patentee declares in writing abandonment of the design patent or fails to pay the prescribed renewal fee within the time limits as regulated.
When the design patent validity is suspended, the patent rights will be terminated from suspension of the design patent.
5 years from the validity date of design patents. In case the rights to the design patents have been established in bad faith, the time limit is the whole duration of dseign patent protection.
The following acts, committed without the consent from a patent holder, shall constitute a patent infringement:
(i) manufacturing products using a patented design;
(ii) using, importing, advertising or circulating products that have been manufactured using a patented design.
Yes. If independent usage of an industrial design identical with a design under a published industrial design application is taken place prior to the filing date by any person or legal entity (prior user), after the registration of this industrial design, the prior user is entitled to continue using the industrial design without extension and transferring the right to use to others
The scope of design protection includes any design having a set of main features that is identical to or is not substantially different from the same of the protected design.
When substantive examination of the application is requested, the Vietnamese translations of
annexes to the international preliminary examination report (Form PCT/ISA/237 or
PCT/IPEA/409) must be submitted.
