The revised Intellectual Property Law 2009 introduces the concept of industrial design as follows:

Industrial design is the external appearance of a product expressed by shapes, lines, colors, or a combination of these elements.

Or more specifically, an industrial design is the external appearance of objects, tools, equipment, vehicles, or parts used to assemble or combine those products, which are manufactured by industrial methods. industrial or handicraft, having a clear structure and function and circulating independently.

Hereafter, Hong Bang Law would like to advise on industrial design registration procedures:

Legal basis

• Current Intellectual Property Law
• Circular 01/2007/TT-BKHCN-Guiding the implementation of Decree No. 103/2006/ND-CP dated September 22, 2006, of the Government detailing and guiding the implementation of several articles of the Intellectual Property Law intellectual property rights
• Circular 263/2016/TT-BTC-Regulating collection rates, modes of collection, payment, management, and use of industrial property fees and charges
• Circular 18/2011/TT-BKHCN- Amending and supplementing several provisions of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, as amended and supplemented under Circular No. 13/2010 /TT-BKHCN dated July 31, 2010, and Circular No. 01/2008/TT-BKHCN dated February 25, 2008, amended and supplemented according to Circular No. 04/2009/TT-BKHCN dated March 27/ 2009
• Decree 103/2006/ND-CP-Detailing and guiding the implementation of several articles of the Intellectual Property Law on industrial property
• Circular 13/2010/TT-BKHCN- Amending and supplementing several provisions of Circular No. 17/2009/TT-BKHCN dated June 18, 2009, and Circular No. 01/2007/TT-BKHCN dated June 14/ 02/2007
• Circular 05/2013/TT-BKHCN- Amending and supplementing several articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, guiding the implementation of Decree No. 103/2006/ND-CP detailing several articles of the Intellectual Property Law on industrial property, as amended and supplemented according to Circular No. 13/2010/TT-BKHCN dated July 30, 2010, and Circular No. 18/2011/TT -BKHCN dated 22/7/2011
• Circular 16/2016/TT-BKHCN-Circular Amending and supplementing several articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, guiding the implementation of Decree No. 103/2006/ND- The Government’s CP dated September 22, 2006 details and guides the implementation of several articles of the Intellectual Property Law on industrial property, as amended and supplemented according to Circular No. 13/2010/TT- BKHCN dated July 30, 2010, Circular No. 18/2011/TT-BKHCN dated July 22, 2011, and Circular No. 05/2013/TT-BKHCN dated February 20, 2013

Conditions

• Organizations and individuals that satisfy the following conditions have the right to register industrial designs:

• • Authors create industrial designs with their own efforts and expenses;
  • Organizations and individuals invest funds and material means for authors in the form of job assignment or hiring, unless otherwise agreed by the parties and such agreement is not contrary to the provisions of law;
  • In case many organizations and individuals jointly create or invest to create an industrial design, those organizations and individuals have the right to register and that right of registration can only be exercised if all organizations and individuals have the right to register. that organization or individual agrees;
  • In case an industrial design is created by using material-technical foundations or funds from the state budget, comply with other provisions of law.

• The person with the right to registration has the right to transfer the right to register to another organization or individual in the form of a written contract, to inherit or inherit according to the provisions of law, even if a registration application has been filed.

Steps to perform

Step 1: Receive the application

Applications can be submitted in person or by post to the NOIP’s headquarters in Hanoi or 2 representative offices of the Department in Ho Chi Minh City. Ho Chi Minh and Da Nang.

Step 2: Verify the application form.

Check the compliance with the regulations on the form of the application, thereby concluding whether the application is considered valid or not (Decide to accept the valid application / refuse to accept the application)

• In case the application is valid, the NOIP shall issue a decision to accept the valid application;
• In case the application is invalid, the NOIP shall issue a notice of its intention to refuse to accept the valid application, clearly stating the reasons and omissions that cause the application to be rejected and setting a time limit. 2 months for the applicant to comment or correct the omission. If the applicant fails to correct the omissions/unsatisfactorily corrects the omissions/has no objections/unwarranted objections, the NOIP shall issue a decision to refuse to accept the application.

Step 3: Publish the application

After there is a decision to accept the valid application, the application will be published in the Industrial Property Official Gazette.

Step 4: Verify the content of the application

Assessing the protection ability of the object stated in the application according to the protection conditions, thereby determining the corresponding scope of protection.

Step 5: Decide to grant/refuse to grant a protection title:

• If the object stated in the application fails to meet the requirements for protection, the NOIP will issue a decision to refuse to grant a protection title;
• If the object stated in the application satisfies the requirements for protection, and the applicant fully and timely pays fees and charges, the NOIP will issue a decision on granting a protection title and record it in writing. National register of trademarks and publication in the Industrial Property Official Gazette.

The dossiers

• Declaration form A.03 for registration of industrial design
• Power of Attorney (if applying through a representative)
• Copy of fee and fee payment voucher (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property)
• Set of photos/drawings (4 copies)
• Description
• Documents proving the right to register if the applicant enjoys the right of registration of another person
• Documents proving priority right, if there is a claim for priority right.

Our services

• Consulting on all kinds of procedures for customers;
• Drafting, preparing, and checking the validity of dossiers;
• Working with state agencies;
• Receive results on behalf of clients;
• Handing over the results to the client.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace, and success!

Best regards!