Re-issue or duplicate copies of industrial design protection certificates

Re-issue or duplicate copies of industrial design protection certificates is a procedure that not only ensures legal rights for the owner but also increases property protection. This process helps customers maintain brand value and prevent unauthorized copying, thereby encouraging innovation. In the article below, Long Phan will analyze in detail the process, procedures and legal requirements related to the re-issuance or duplicate issuance of industrial design protection certificates.

In case of applying for re-issuance or issuance of copies of industrial design protection certificates

According to the provisions of Clause 7, Article 29 of Decree 65/2023/ND-CP, there are two cases of applying for re-issuance or duplicate issuance of industrial design protection certificates, including:

• In case of joint ownership: The protection title is only issued to the first person in the application list, but other co-owners can request copies, with a fee.
• Loss or damage of diploma: If the diploma is lost, damaged, or no longer usable, the owner can request a reissue, and must also pay the corresponding fee.

Competent authority to resolve

The National Office of Intellectual Property is the only agency authorized to re-issue or duplicate industrial design protection certificates in Vietnam. Accordingly, customers can submit a request for settlement at:

• Head office in Hanoi;
• Representative office in the City. Ho Chi Minh and Da Nang.

Procedures for reissuing or issuing copies of industrial design protection certificates

Profile components

According to the provisions of Clause 7, Article 29 of Decree 65/2023/ND-CP, an application for re-issuance or duplicate of an industrial design protection certificate must have the following components. Preparing complete documents will help the approval process go quickly.

Document components include:

• Required declaration: according to Model number 09 in Appendix II of the relevant Decree.
• Trademark samples and drawings: Need to submit 02 trademark samples, along with 02 sets of photos or 02 sets of industrial design drawings, which must match the samples in the original protection certificate.
• Authorization document: If the request is submitted through a representative, a valid authorization document is required.
• Copy of fee payment voucher: This applies in case of fee payment via postal service or direct payment to the account of the state management agency on industrial property rights.

Execution order

The process of reissuing or granting copies of industrial design protection certificates is carried out in a strict order. The implementation steps are specifically stipulated in Clause, Article 29 of Decree 65/2023/ND-CP to ensure the legality and rights of the owner.

Step 1: Submit application

• Submit online via the Public Service Portal;
• Submit in person or by mail.

Step 2: Appraisal of documents

• Within 01 month from the date of receipt of the request, the state management agency in charge of industrial property rights must consider the request for issuance of copies or re-issuance of protection titles.
• If the request is invalid, the agency will notify and give the requester 2 months to correct or object.
• If there is no correction or the objection is not valid, the agency will issue a decision to refuse, with specific reasons.

Step 3: Issue a copy of the protection certificate

If the request is valid according to regulations, the agency will issue a decision to issue a copy or re-issue and record it in the National Register of Industrial Property.

• The duplicate copy of the protection certificate must have complete information and include the instruction “Duplicate”.
• The re-issued copy also needs to show complete information and include the instructions “Re-issued copy”.
• The agency will announce the re-issuance in the Industrial Property Official Gazette within 60 days from the date of decision.

Is there a fee for reissuing or issuing copies of industrial design protection certificates?

According to current regulations, the re-issuance or duplicate issuance of industrial design protection certificates does not incur fees and charges. But customers need to pay attention to the costs incurred during the process of preparing and completing the application.

Support service for reissuing or issuing copies of industrial design protection certificates in Long Phan

With a team of experts with many years of experience in the field of intellectual property. Long Phan provides comprehensive consulting and support services in the process of applying for re-issuance or issuance of copies of industrial design protection certificates. Our consulting and support services include:

• Consulting and supporting customers in determining cases of applying for re-issuance or issuance of copies of protection certificates;
• Review and support customers in preparing and completing documents according to current regulations;
• Representing customers to carry out procedures for reissuance and issuance of copies of protection certificates with competent authorities;
• Support in resolving problems that arise during the process of carrying out procedures for reissuance and issuance of copies;
• Coordinate with customers to explain the validity of applications for re-issuance and issuance of copies of industrial design protection certificates.

To receive detailed advice on procedures for reissuing or issuing copies of industrial design protection certificates, please contact Long Phan via the hotline: 0906735386. Our team of intellectual property experts will assist you in completing your documents and carrying out the procedures quickly, effectively, and efficiently.