Procedures for registering product packaging designs

Register product packaging design is an important step to help protect businesses legal rights to unique packaging designs. Registration not only helps prevent copying or imitation but also creates a competitive advantage in the market, but also helps enhance brand value, assert exclusivity and at the same time attract the attention of customers. In the article below, Long Phan will provide detailed instructions on the product packaging design registration process.

Necessary conditions to register product packaging designs

According to the provisions of Article 63 of the Law on Intellectual Property 2005, amended and supplemented in 2022, product packaging designs that want to be protected must meet specific conditions. The determination of protection conditions is made based on objective criteria and has a clear legal basis. The following packaging designs will be protected if they meet the following conditions:

• New;
• Be creative;
• Capable of industrial application;
• And do not belong to the subjects that are not protected as industrial designs.

Procedures for registering industrial designs for product packaging

Documents need to be prepared

Preparing industrial design registration dossiers requires carefulness and completeness. The process of preparing documents must strictly comply with legal regulations. Application submission must ensure accuracy and completeness of information.

• Industrial design registration declaration according to Model number 07 in Appendix I of Decree No. 65/2023/ND-CP;
• A set of photos or drawings detailing the industrial design, including all angles, dimensions and features of the design;
• A detailed description of the industrial design, explaining the outstanding features of the design;
• Authorization document if the applicant registers through a representative, confirming legal representative authority (If any);
• Document evidencing registration rights if the applicant benefits from another party, such as a rights transfer contract or licensing agreement;
• Documents proving priority rights, if the applicant requests priority rights according to the provisions of international treaties to which Vietnam is a member;
• Copy of proof of payment of fees and industrial design registration fees, if fees are paid via postal service or directly into the account of the National Office of Intellectual Property.

CSPL: Article 100, 103 Law on Intellectual Property 2005, amended and supplemented 2022; Article 21 Circular 23/2023/TT-BKHCN.

Implementation process

The industrial design registration process is carried out in a strict order at the National Office of Intellectual Property. Document processing time is specified in each stage. Regulations on implementation order are specifically expressed as follows:

Step 1: Submit application

• Submit via direct method;
• Submit via online method;
• Submitted via postal and telecommunications services.

Step 2: Appraisal of documents (application form):

The National Office of Intellectual Property will conduct a formal appraisal of the industrial design registration application within 01 month from the date of receipt of the application.

• In case the application is valid, the National Office of Intellectual Property will issue a decision to recognize the application as valid;
• In case the application is invalid, the National Office of Intellectual Property will send a notice of its intention to refuse to accept the application, clearly stating the reason and any shortcomings that need to be corrected.
• At the same time, the Department will set a 2-month period for the applicant to provide feedback or complete shortcomings in the application.

Step 3: Announcing the application:

• The application will be published within 02 months from valid acceptance, unless the applicant requests late publication.
• If the request for publication is late and the application is validly accepted before the request period expires, the application will be published the following month.

Step 4: Verify application content:

• The National Office of Intellectual Property will evaluate the protectability of industrial designs according to criteria such as novelty, creativity and industrial applicability.
• The appraisal time must not exceed 07 months from the date of publication of the application.

Step 5: Announce the results of content appraisal:

The Department will notify the results of the appraisal, including the decision to protect ownership rights or request corrections (if necessary).

CSPL: Article 8, 9, 10, 12 Circular 23/2023/TT-BKHCN.

Benefits of registering product packaging design protection

Registering product packaging design protection brings many practical values ​​to businesses. Industrial property rights are established through protection certificates. Owners can exploit commercial value from protected designs. Benefits that can be mentioned include:

• Protect intellectual property rights: Ensure businesses legal rights to packaging design, prevent copying or imitation by competitors;
• Create competitive advantage: Unique and protected packaging helps products easily identify in the market, thereby enhancing brand value;
• Affirming exclusivity: Recognizing ownership of packaging designs, businesses can request handling of violations of their rights;
• Enhance trust with customers: Protective packaging can create a strong impression, contributing to building consumer reputation and trust in product quality;
• Facilitate cooperation and transfer of ownership: With a certificate of ownership, businesses can easily transfer ownership of packaging designs to partners or even generate income from licensing.

Consulting services and support for product packaging design registration

At Long Phan, a team of experts with extensive experience in the field of intellectual property will provide comprehensive support to customers. Using the service helps save time and increase success rates.

The services we provide include:

• Consulting on strategic solutions to protect intellectual property rights for packaging designs;
• Support the complete and accurate drafting of necessary documents for packaging design registration;
• Support customers in monitoring application processing progress and assist in handling objections or disputes, if any, during the registration process;
• Support customers in detailed assessments of the ability to protect packaging designs based on protection conditions;
• Representing customers to work with competent state agencies on packaging design registration;
• Advise on resolution methods when disputes arise.

Registering product packaging designs is a strategic step in protecting a business’s intellectual property. Long Phan with a team of experienced experts is ready to support customers in the entire product packaging design registration process. If you have any need, please contact Long Phan immediately via the hotline: 0906735386 for detailed advice and the most dedicated support.