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.
Register
industrial design in Vietnam
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:
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;
How to file Industrial
Design in Vietnam
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.
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;
ID Term and Maintenance:
A 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.
If you are looking for an
experienced IP
services in Vietnam to help you with your IP application, you should visit
ANTLawyers.vn. Our attorneys have experience with the IP process and will work
closely with you as you apply for your IP.
