Registration for industrial design protectionhelps businesses not only protect their intellectual property rights but also enhance competitiveness and ensure protection against copying and counterfeiting. Understanding this, Long Phan provides customers with a comprehensive industrial design protection registration service to help businesses carry out this procedure quickly, accurately, and effectively.
Conditions for industrial designs to be protected
According to Article 65, Article 66, and Article 67 of the Law on Intellectual Property 2005, amended and supplemented in 2022, industrial designs must meet three conditions to be protected:
Newness: The industrial design must be new, meaning it must be significantly different from previously published designs at home and abroad. If the design has been disclosed in any form before the filing date, it no longer meets the novelty requirement. In particular, novelty is not only limited to the country but must also be compared with designs around the world.
Creativity: According to Article 66, industrial designs must demonstrate creativity, meaning they cannot be easily created based on previously published designs. The design must express unique characteristics, not be a simple combination of common shapes.
Industrial Applicability: The design must be capable of mass production through industrial or handicraft methods. This is an important condition because the purpose of industrial design protection is for application in mass production.
The need to register for industrial design protection
Registering for industrial design protection is an essential step for businesses to protect their products. Registration brings many practical benefits:
Protecting legal rights: Registering for protection helps businesses have the right to prevent acts of copying or imitating their products. This helps maintain the exclusivity of the industrial design and avoid illegal exploitation by competitors.
Increase the commercial value of the product: When the design is protected, the product will have uniqueness, thereby creating appeal to consumers. Registering for protection also helps businesses increase product value in the market and enhance brand position.
Create an additional source of income: Protected industrial designs can be transferred or sold to third parties, creating a source of income through licensing or transferring the design.
Prevent legal disputes: When a product has a protected exclusive design, businesses will avoid disputes related to intellectual property rights. This protects businesses from legal risks, helping to save costs and time in resolving disputes.
Procedure for registration of industrial design protection
The process of registering for industrial design protection in Vietnam includes the following steps:
Documents need to be prepared
Enterprises need to fully prepare the following documents to register for industrial design protection:
Industrial design registration declaration according to model number 07 issued together with Decree 65/2023/ND-CP.
01 industrial design description: Includes information about the design name, field of use, main characteristics, and protection requirements.
04 sets of photos or drawings of the design: Includes photos or drawings that clearly show each aspect of the design.
Proof of payment of fees and charges: Confirmation of full payment of registration fee.
Power of attorney (if any): In case the enterprise authorizes an industrial property representative to carry out procedures.
Other relevant documents (if any).
CSPL: Articles 100, 101, 103 of the Law on Intellectual Property 2005, amended and supplemented in 2022.
Implementation procedures
The registration process includes the following steps:
Step 1: Receiving applications:
Enterprises submit applications at the Intellectual Property Department or through representative offices in the city. Ho Chi Minh, Da Nang. Through the following forms:
Online through the Public Service Portal.
Through postal mail.
Step 2: Appraisal of application form:
The National Office of Intellectual Property will check the formality requirements and notify the results (accept or reject the application).
For valid applications: The formality appraisal time is 01 month from the date of application submission.
In case the application is invalid or has errors, the registration agency will send a notice of amendments and supplements.
Step 3: Announcement of application:
If the application is valid, the Department will publish it in the Industrial Property Official Gazette after 2 months.
Step 4: Appraisal of application content:
The Department evaluates the protectability of designs based on the conditions of novelty, creativity, and industrial applicability.
The internal appraisal time will be 07 months from the date of publication of the application.
Step 5: Granting or refusing protection titles:
The Department will issue a decision to grant a protection certificate if the application meets the conditions.
The time for granting an industrial design patent will be 15 days from the end of the deadline for requesting payment of fees and charges.
The time to announce an industrial design patent will be 60 days from the date of issuance decision.
Consulting services and guidance on registering for full industrial design protection at Long Phan
Long Phan provides comprehensive services from consulting to legal representation during the process of registering for industrial design protection. Long Phan’s services help businesses save time and avoid legal risks during the registration process.
Scope of our consulting services
Long Phan’s services include:
Consulting on regulations and conditions on trademark protection registration procedures;
Evaluate the protectability of industrial designs based on the conditions of novelty, creativity, and industrial applicability;
Assist customers in preparing registration documents, including drafting declarations, design descriptions, photos, drawings and related documents;
Support searching national and international databases to ensure designs have not been published or registered before;
Representing customers to submit documents and work with competent authorities.
Support customers in resolving and supplementing documents in case the application is invalid;
Delivery and receipt of documents within the city. Ho Chi Minh.
Benefits when using our services
When using the industrial design protection registration service at Long Phan, customers will enjoy the following benefits:
Save time and effort: With a team of experienced experts, we ensure the registration process is completed quickly and efficiently.
Ensuring valid documents: We will carefully check the legal requirements, ensuring the documents meet the prescribed conditions.
Comprehensive support: From initial consultation, and document preparation, to application submission and handling feedback from the Intellectual Property Office.30
With a team of consultants with many years of experience in the field of Intellectual Property, Long Phan will help businesses maximize their rights in the field of industrial design. To ensure legal rights and increase the commercial value of products, registering for industrial design protection is the right step. Please contact Long Phan via hotline 0906735386for detailed advice and comprehensive support in the process of registering for industrial design protection.
Linkedin
Twitter
Pinterest
Facebook
Luật sư Trần Tiến Lực
Lawyer Luc Tien Tran – a dedicated and deeply knowledgeable professional in the fields of construction consulting, real estate consulting, and intellectual property consulting. His expertise, experience, and profound understanding of related issues make him a reliable partner. Mr. Luc's professionalism and dedication will provide optimal solutions and help clients achieve their desired business outcomes.
Changing business licenses opens up new development opportunities for businesses through expanding industries, increasing charter capital or changing the management model. This is a stepping stone to help businesses optimize
Report on results of promotion implementation is an important step for businesses to complete their obligations after the promotion program ends. This process ensures that promotional activities take place legally, while
Registering to modify and supplement promotional programs is a mandatory requirement when merchants change the content of previously announced promotions. Implementing this process ensures that the promotion program is carried
Foreign investors doing business in advertising services in Vietnam can take advantage of development opportunities in a dynamic and rapidly growing market. With the booming digital economy and the growing
Imported food does not require a license and brings many advantages to businesses in international business activities. Understanding the products that are exempt from licensing will help optimize the import
A certificate of eligibility for sports activities business is a legal document that helps sports businesses in Vietnam operate effectively and develop sustainably. This document confirms the enterprise’s capacity in
Comprehensive industrial design protection registration services at Long Phan