Notes on Registering Industrial Design Protection

Registering industrial design protection is one of the ways to ensure that an object is legally protected under intellectual property rights. This is especially important given the widespread and sophisticated infringements on industrial design intellectual property rights. Below, Long Phan will provide our customers with important notes on registering industrial design protection to safeguard the owner’s rights.

Registering Industrial Design Protection

What is Industrial Design?

An industrial design refers to the external appearance of a product or its components assembled into a complex product, represented by shapes, lines, colors, or a combination of these elements, and visible during the use of the product or complex product.

Industrial design is a crucial part of the industrial product manufacturing process. Industrial designers aim to create products that not only address the practical needs of consumers but also ensure aesthetic appeal and attract a wide range of buyers.

Conditions for Registering Industrial Design Protection

Novelty

An industrial design is considered novel if it significantly differs from any previously disclosed industrial designs, whether through use, written description, or any other means, both domestically and internationally, prior to the application date or the priority date if the industrial design application claims priority.

Before an industrial design is filed, it should not be publicly disclosed, as this may negate its novelty.

Creativity

An industrial design is deemed creative if, based on publicly disclosed designs, it is evident that the design could not have been easily created by a person with average knowledge in the relevant field.

Thus, if industrial designs are merely simple combinations or copies of existing designs, they do not meet the criterion of creativity.

Industrial Applicability

An industrial design must be industrially applicable, meaning that it can be used as a model for manufacturing or mass production. This implies that, based on the information provided in the design application, a person with average knowledge in the relevant field should be able to use the design as a model for creating products with the same external appearance through industrial or manual methods.

The Necessity of Registering Industrial Design Protection

Registering industrial design protection provides numerous benefits to individuals and businesses, including:

• Legal protection against infringements of the registered industrial design rights.
• The right to the industrial design only arises when the application is filed and the registration certificate is granted.
• Exclusivity over the industrial design for the owner, creating significant competitive advantages in the market.

To protect rights and ensure ownership of the industrial design, registration is crucial.

Changes in industrial design

Notes on Registering Industrial Design Protection

Non-Protectable Designs: The following objects cannot be protected as industrial designs:

• The external appearance of a product isdictated by the technical characteristics of the product.
• The external appearance of civil or industrial buildings.
• The appearance of a product that is not visible during the use of the product.

Ensure Registration Conditions: The design must meet the conditions of creativity, novelty, and industrial applicability.

Ownership Issues: If the design is already owned by other entities who have submitted an application, it cannot be registered for protection.

Eligible Entities: The following entities have the right to register an industrial design:

• The author who has invested effort and costs to create the industrial design.
• Organizations or individuals who have invested funds or resources by assigning the work to the author, unless otherwise stipulated by law.
• In cases where multiple organizations or individuals collaboratively create or invest in the industrial design, all those organizations or individuals have the right to register. Registration can only be carried out with the consent of all involved parties.

Procedure for Registering Industrial Design Protection

Dossier Requirements

The application for Registering Industrial Design Protection includes the following documents:

• Application form for industrial design registration (Form No. 07 in Appendix I issued with Decree 65/2023/ND-CP).
• Description of the industrial design, including: Name of the design, field of use, and a list of photographs or drawings.
• A set of photographs or drawings of the industrial design (must be clear and show the same dimension).
• Power of Attorney (if submitting the application through an industrial property representative).
• A copy of the payment receipt (if fees are paid via postal service or directly to the Intellectual Property Office account).
• Other documents as required.

These requirements are based on the regulations in Decree 65/2023/ND-CP.

Registration Procedure

Registering Industrial Design Protection is done in the following steps:

Step 1: Prepare all required documents according to regulations and submit the application at the headquarters of the Intellectual Property Office or its representative offices.

Step 2: From the date of receipt of the application, the Intellectual Property Office will conduct a formal examination of the industrial design registration application within 1 month.

Step 3: The Intellectual Property Office will publish the industrial design registration application in the Official Gazette within 2 months from the date of acceptance of the valid application in Step 2.

Step 4: The Intellectual Property Office will conduct a substantive examination of the industrial design registration application within 7 months from the date of publication of the application in Step 3.

Step 5: At this stage, there are two possible scenarios:

• The Intellectual Property Office will issue a protection certificate if the industrial design meets the protection criteria. The Office will notify the applicant of the issuance and request the payment of the certificate fee; or
• The Intellectual Property Office will issue a notice of intent to refuse to grant the certificate if the design does not meet the protection criteria and will provide the applicant with a deadline to respond.

Step 6: Pay the certificate fee and receive the protection certificate:

• If you receive a notice of issuance, the owner of the industrial design must pay the issuance fee. The Intellectual Property Office will then send the industrial design protection certificate to the registered address within 1-2 months.
• If the applicant does not respond or the response to the intent to refuse is not justified, the Office will issue a decision to refuse protection for the industrial design.

Industrial design registration service

Industrial Design Protection Registration Consulting Services

With a team of professionals with extensive experience in intellectual property, Long Phan offers the following consulting services for registering Industrial Design Protection:

• Pre-registration consulting on the procedures for protecting industrial designs.
• Advising and guiding clients in preparing the necessary information and documents for registration.
• Drafting the industrial design registration application and providing it to clients for review.
• Submitting the application for publication and handling all necessary legal procedures at the Intellectual Property Office.
• Receiving the industrial design registration certificate and delivering it to clients for review and safekeeping.
• Advising on any issues that may arise (if any) after the registration process is complete.

Additionally, based on the actual situation and client needs, the scope of consulting services can be flexible and expanded.

Registering for industrial design protection helps ensure that a business’s or individual’s products are legally protected. It is important to pay attention to the conditions, procedures, and documentation to save time and achieve business objectives. The information provided above outlines key considerations for registering industrial design protection. For more detailed information, please contact Long Phan at hotline 0906.735.386. Thank you.