Shall outward appearance of civil construction works be ineligible for protection as industrial designs in Vietnam?
Shall outward appearance of civil construction works be ineligible for protection as industrial designs in Vietnam?
Pursuant to the provisions of Article 64 of the Law on Intellectual Property 2005, regulations on objects ineligible for protection as industrial designs are as follows:
Objects ineligible for protection as industrial designs
The following items shall be ineligible for protection as industrial designs:
1. Outward appearance of a product which is necessarily due to the technical features of the product.
2. Outward appearance of civil or industrial construction works.
3. Shape of a product which is invisible during the use of the product.
Thus, the outward appearance of civil or industrial construction works will not be protected as an industrial design.
Shall outward appearance of civil construction works be ineligible for protection as industrial designs in Vietnam?
What are the civil construction works in Vietnam?
Pursuant to Appendix I issued together with Decree 06/2021/ND-CP civil construction works include:
- Home/residential construction projects: Apartment or other tenement buildings; detached houses or detached houses used for other civil purposes.
- Public construction projects:
+ Training, educational and research facility construction projects:
+ A standalone building, building complex used for educational, training and research purposes within the following premises: Kindergartens, early childhood institutions; elementary schools, lower secondary schools, upper secondary schools, multilevel schools; universities and colleges, professional secondary schools; vocational schools, technical worker training establishments, specialized career schools and other schools or training centers;
+ Hydrometeorology stations, seismic research stations, space research facilities; specialized database centers and other specialized research facilities.
- Healthcare facility construction projects:
A standalone building, building complex used for medical examination and treatment purposes within the following premises: (General or specialized) hospitals, clinics; medical stations; maternity care facilities, sanatoriums, functional rehabilitation centers, orthopedic facilities, and nursing homes; disease control and prevention facilities; biomedical research facilities; other medical facilities.
- Sporting facility construction projects:
Stadiums; sports halls; training and competition facilities for various sports like golf, football, tennis, volleyball, basketball and other sports; swimming pools.
- Cultural facility construction projects:
Convention centers, theaters, cultural houses, clubs, cinemas, circus centers, discos; monuments; museums, libraries, exhibition centers, galleries; symbolic or artistic construction works (e.g. outdoor statues, welcome gates, ...), leisure and entertainment facilities; other cultural construction works.
- Religion, faith and worship facility construction projects:
+ Religion facilities: Headquarters of religious organizations, pagodas, churches, chapels, cathedrals, shrines, Buddhist temples; schools for training people specialized in religious activities; monuments, stelae, towers and other religious buildings;
+ Faith and worship facilities: Communal temples, shrines, chapels, ancestral temples (worship halls) and other faith and worship facilities.
- Commercial facility construction projects: Trade centers, supermarkets, markets, shops; restaurants, food and beverage shops and other commercial facilities.
- Service facility construction projects:
+ Hotels, guest houses, motels; resorts; residential villas, apartments and other accommodation facilities;
+ Standalone billboards; post offices, other post and telecommunications service providers.
- Headquarter or office building projects:
+ Headquarters or office buildings of state authorities, political organizations or socio-political organizations;
+ Buildings used as headquarters, offices of socio-professional organizations, non-business units, businesses, other organizations and individuals;
+ Buildings used as a blend of office and residential accommodation space.
- Other buildings or structures for multifunctional or mixed uses.
Example: If a high-rise building of which functions are specific to its stories is used to serve multiple purposes as an apartment building, hotel and office, it must be classified as a mixed-use building.
- Other public buildings or structures.
- Gates, fences, guard houses and other small structures for civil use.
What are the regulations for the management of construction works in Vietnam?
Pursuant to the provisions of Article 10 of Decree 06/2021/ND-CP regulating the content of construction management as follows:
Scope of management of construction works
1. Management of construction works includes:
a) Construction quality management;
b) Construction progress management;
c) Construction quantity management;
d) Occupational safety and environmental control;
dd) Occupational safety and environmental control;
e) Management of other matters or issues that is prescribed in construction contracts.
2. Those stated in point a, b, c and d of clause 1 of this Article are further elaborated herein. The item stated in point dd of clause 1 of this Article are further elaborated in the Decree on management of construction costs and expenses.
Thus, the management of construction works includes:
- Construction quality management;
- Construction progress management;
- Construction quantity management;
- Occupational safety and environmental control;
- Occupational safety and environmental control;
- Management of other matters or issues that is prescribed in construction contracts.
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