Industrial Designs

– IP Law 50/2005, effective from July 1, 2006.
– Amendment to IP Law 50/2005, effective from January 1, 2010.
– Amendment to IP Law 50/2005, effective from January 14, 2019.
– Amendment to IP Law 50/2005, effective from January 1, 2023.
– Decree 103/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Establishment of Industrial Property Rights.
– Decree 105/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Protection of Industrial Property Rights and Governmental Management of Industrial Property.
– Decree 106/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Administrative Penalty for Violation of Industrial Property Rights.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 8, 1949.
– Convention Establishing the World Intellectual Property Organization (WIPO), since July 2, 1976.
– WTO’s TRIPS Agreement, since January 11, 2007.
– Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), since November 12, 2018 (effective in Vietnam as of January 14, 2019).
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since December 30, 2019.
– European-Vietnam Free Trade Agreement (EVFTA), since June 30, 2019 (effective in Vietnam as of August 1, 2020).

Filing

Applicant(s): may be an enterprise or an individual.

Protection for foreigners: they enjoy the same rights and the same schedule of official fees as nationals on the basis of reciprocity and in accordance with international treaties. They have to appoint a resident agent.

Definition: an industrial design is the specific appearance of a product, represented by lines, three-dimensional forms or colors or a combination of such elements capable of serving as a pattern for a product of industry or handicraft.

Criteria for protection: novelty, creative nature and industrial applicability.

Series of products: registrable.

Novelty: only an industrial design which is new shall benefit from protection. It must distinguish itself substantially from other industrial designs of the same kind that are known in the country and/or abroad; and must not have been disclosed anywhere in the form of publication, utilization or in any other form.

Exceptions to protection: designs of industrial or civil buildings; designs of products that are invisible when in use; designs determined solely by the functions of products or intended solely to solve a technical problem; designs of products having only aesthetic value; industrial designs that are contrary to public policy or socialist morality.

Priority: according to the Paris Convention: six months.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, only signature and seal, no notarization required;
2. A description of the industrial design, if possible with the International Classification code (Locarno);
3. Drawings or photographs (5 sets) (size: min. 30 x 30 mm, max. 210 x 297 mm), from all sides including perspective view;
4. Authorization from the creator (if relevant), only signature, no notarization required;
5. Priority document (if relevant).

Electronic filing: available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be sent at a later date.

For a change of name or address:
1. Certified copy of certificate of change of name/address issued by the Company Registrar or Chamber of Commerce or similar governmental body, indicating the old and new name/address. If not in English, translation into English with notarization;
2. Power of attorney, only signature and seal, no notarization required;
3. Original industrial design certificate.

Examination

Formal examination: is carried out within one month starting from the filing date.

Publication: during the second month following the formal examination.

Examination as to substance: within seven months from the date of publication of the application after payment of a fee.

Third party observations: can be submitted any time following the publication of the industrial design application and before the date of issuance of a decision to grant.

Opposition: any third party may file an opposition within four months from the publication of the industrial design application and before the date of issuance of a decision to grant.

Protection

Granting: an industrial design certificate is issued (in paper format) and published in the Industrial Property Gazette.

Beginning of protection: from the granting date.

Duration: five years following the filing or the priority date, if any.

Renewal: possible for two further consecutive periods of five years.

Assignment: possible, must be registered.

Acquired right: no one may utilize the industrial design without the consent of the owner; the owner of the industrial design has the exclusive right to utilize his industrial design in productive or commercial activities according to the Laws of the Socialist Republic of Vietnam.

The form of utilization may be: (a) manufacture of products according to the pattern of the industrial design; (b) importation, advertising, sale or utilization of products manufactured according to the pattern of the industrial design for productive or commercial purposes.