Industrial design in Vietnam

Industrial design in Vietnam
October 06 21:28 2019 Print This Article
1. Definition
Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.
Products herein are understood to mean articles, tools, equipments, or parts used for assembling such products, manufactured by industrial or handicraft methods, with a structure and clear function, be circulated independently.
2. General conditions for industrial design for protection
An industrial design shall be protected when it satisfies the following conditions:
– Being novel: An industrial design shall be considered novel if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the industrial design registration application.
– Involving an inventive step: An industrial design shall be considered involving an inventive step if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the industrial design registration application, it cannot be easily created by a person with average knowledge in the art.
– Being susceptible of industrial application: An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.
In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.
In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, and satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, the protection title may only be granted for the object of a single application out of these applications under an agreement of all applicants. Without such agreement, all relevant objects of these applications will be refused for the grant of a protection title.
3. The following subject matters shall not be protected as industrial designs
(a) Appearance of a product, which is dictated by the technical features of the product;
(b) Appearance of a civil or an industrial construction work;
(c) Shape of a product, which is invisible during the use of the product;
(d) Intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security.
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