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Nowadays, Vietnamese consumers are not only concerned about the quality of goods but also focus on the aesthetic needs that the products bring. Therefore, to compete in the market, modern manufacturers always emphasize the development and improvement of the external appearance of the product, known as industrial design. This article aims to introduce the types of industrial designs in Vietnam according to new regulations.
What is industrial design?
Industrial design is the external decorative aspect of a product. Industrial design can exist in three-dimensional space or in a flat form, and it can be applied to industrial or artisanal products.
According to the regulations in Article 13 of Article 4 of the Intellectual Property Law, industrial design is the external shape of a product expressed through lines, shapes, colors, or a combination of these elements.
Characteristics of industrial design in Vietnam
1. Industrial design must be visibly distinctive.
This is an inherent characteristic of industrial design because the external shape of the product can only be perceived visually.
2. Industrial design is expressed through shapes, lines, colors.
Industrial design can be presented in three-dimensional space, such as the shape of a bottle, vase, table, chair, or in a flat form, such as labels on bottles, vases, etc. Additionally, industrial design can be expressed through one or more colors, either the natural color of the material used to manufacture the product or artificial colors applied to the product’s surface.
3. Industrial design must be associated with a specific product.
Industrial design, with its role and function, must apply to a specific product. A set of styling features not associated with any particular product will not be protected under the guise of industrial design.
4. Products with industrial design must have independent circulation.
In other words, products with industrial design must be complete products or components that can be detached and traded, exchanged independently on the market. Designs integrated into products that consumers cannot see during product use will not be protected as industrial designs.
Types of industrial designs in Vietnam according to new regulations
1. Three-dimensional industrial design
Industrial design is an aesthetic aspect of the product. Industrial design often exists in three dimensions, such as the shape of bottles, vases, boxes, tables, chairs, clothes hangers, etc.
2. Two-dimensional industrial design
Two-dimensional industrial design exists on a flat surface, with the most typical and common example being product labels. In the case of registering a product label, the applicant needs to differentiate between industrial design and trademarks to avoid confusion and choose the most appropriate registration target.
Objects not considered industrial designs in Vietnam
The following objects are not protected as industrial designs in Vietnam:
1. The external shape of a product required by the technical characteristics of the product
This means that if the external shape of a product is a feature that every similar product must have to perform the technical function of that product, it will not be protected as an industrial design. For example, car tires must be round and cannot have a square or triangular shape.
2. The external shape of civil or industrial construction works
The external shape of civil or industrial construction works is excluded from industrial design protection if these structures cannot be moved by ordinary methods or means. The exclusion is because these structures cannot be applied industrially, cannot be mass-produced by industrial or artisanal means.
However, construction works in modular form or individual units that can be moved and used independently or assembled together to form portable houses, kiosks, etc., may be protected as industrial designs.
3. The shape of a product not visible during product use
The shape of a product with industrial design must be visible during product use. Any interior part or concealed part that consumers cannot see during product use cannot fulfill the function of industrial design.
The protection scope of industrial designs in Vietnam
The protection scope of industrial designs is limited to the national territory where the registration is made. The protection period for industrial designs corresponds to the validity period of the granted protection certificate. The exclusive right to industrial designs in Vietnam is effective from the date of issuance and lasts for five years from the filing date.
After the protection period expires, the owner can follow procedures to extend the validity. The exclusive right to industrial designs can be extended twice consecutively, each time for five years.
Who has the right to register industrial designs in Vietnam?
The right to register industrial designs belongs to the following entities:
– Authors who create industrial designs with their effort and expenses.
– Organizations or individuals investing funds, material resources for the author under the form of task assignment or employment.
The person with the right to register industrial designs can transfer that right to others through a written contract or inherit it in accordance with legal provisions. The transfer of the right to register industrial designs can be done before or after the registration application is submitted.
Industrial Design Registration Services in Vietnam
With a team of lawyers extensively trained in intellectual property rights and having many years of experience handling industrial design cases, we take pride in offering our customers professional registration and protection services for industrial designs in Vietnam at reasonable costs. Contact us now for prompt consultation and assistance with the procedures.
Contact Us Now:
DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
