Thứ Ba, 25 tháng 4, 2017

How to Register Industrial Design in Vietnam?

Industrial design is the outward appearance of a product embodied in three-dimensional configuration, lines, colors or a combination of such elements. An impressed appearance shall increase the value of products, the attraction to customers and the distinction from other same products. In fact, however, appearances of products can be copied easily if there no legal protection and prior prevention. Filling industrial design in National Office of Intellectual Property shall guarantee that your product appearance is protected from violation of others.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to offer you Industrial Design Filing service as follow:
1. ANT Lawyers service in Industry Design
Our services in this area include:
a. Evaluate the possibility of registration and use of Industrial Design;
b. Search for information on the registration and use of Industrial design;
c. File application and proceed with the legal procedures on the registration of Industrial design;
d. Advise and proceed with the legal procedures on the record of assignment of Industrial Design application;
e. Advise and proceed with the legal procedures on the record of amendment of Industrial Design application such as: name and address of the applicant;
f. Advise and proceed with the legal procedures on the amendment of the Industrial Design Certificate on the basis of transferring of ownership, merging companies; record of change of name and address of the Certificate holder;
g. Advise on the renewal of validity of the exclusive Industrial Design Certificate.
h. License and Assignment;
i. Opposition against proceedings;
j. Appeal; cancellation; invalidation;
2. How to file Industrial Design in Vietnam
a. Required documents:
i. Original Power of Attorney from the Applicant(s);
The POA must be signed by an applicant or duly authorized representative on behalf of the Applicant (no further notarization or legalization is required);
The POA is required at the time of filing, please therefore arrange to have and provide us with scan copy via fax or email first and original one can be followed within one [01] month later.
ii. Full name and address of applicant(s);
iii. Full name, address and nationality of designer(s);
iv. Drawing of design;
The drawings of design must show clearly 7 views (separately in jpeg. format is preferable): perspective view, front view, rear view, right view, left view, top view, bottom view, at a same scale; and the minimum resolution is 300DPI.
v. Original certified true copy of priority document (if any);
vi. Salient novelty features description in which showing the using purpose or Lorcano classification of design, if any.
b. Time and procedures
The ID application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with ID Examination Procedure as below:
i. Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as from the filing date or date entering the national phase. If the ID application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed.
ii. The Substantive Examination: The above application will be examined as to substance within 12 months.
• Notification of the Substantive Examination Results.
• The Decision of Refusal or Request to pay fee.
• Issuing the ID of Invention
Note: The deadline for filing design application in Vietnam on the basis of claiming priority right under Paris convention is 6 months counted from the earliest priority date;
iii. The total time from filing to registration in straightforward case is 12-14 months. However, in practice, this duration can be extended further 3-6 months;
c. ID Term and Maintenance
registered industrial design is given an initial protection period of 5 years from the date of filing and is extended for two further consecutive terms of 5 years each. The maximum protection period is 15 years.


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