Requirements for applications for industrial design registration in Vietnam

Requirements for applications for industrial design registration in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is industrial design?

According to Clause 13, Article 4 of the Law on Intellectual Property 2005, amended in 2009, industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.

2. Requirements for applications for industrial design registration in Vietnam

Requirements for applications for industrial design registration in Vietnam are specified in Article 21 of Circular 23/2023/TT-BKHCN as follows:

(1) The industrial design registration application must meet the general requirements specified in Articles 100 and 103 of the Law on Intellectual Property 2005, Appendix I of Decree 65/2023/ND-CP, and instructions in Article 21 of Circular 23/2023/TT-BKHCN.

(2) Industrial design registration applications must ensure consistency as prescribed in Clauses 1 and 3 of Article 101 of the Law on Intellectual Property 2005. In case the application requests protection of an industrial design of a product or part to be assembled into a complex product, accompanied by one or more variant plans of that industrial design, the variant embodiments of an industrial design must not differ significantly from the basic embodiment or from each other.

In particular, products are understood as objects, tools, equipment, and vehicles produced by industrial or handicraft methods with clear structures and functions; Parts for assembly into complex products are parts capable of independent circulation and can be disassembled from the complex product; A complex product is a product made up of many replaceable parts that can be removed and reassembled. Products and parts used to assemble and compose complex products below are collectively referred to as products unless otherwise specified.

(3) In case there is a basis (information, evidence) to doubt the authenticity of the information stated in the application or the information stated in the application is unclear, the National Office of Intellectual Property requests the applicant to submit documents to verify or clarify that information within 02 months from the date the National Office of Intellectual Property issues the notice. The above-mentioned document can be a document confirming the legal right to register if the applicant benefits from another person's right to apply (documents proving inheritance rights, documents proving the transfer of application rights; job assignment contract or labor contract, etc.).

(4) Design characteristics of industrial designs are understood as follows:

- Design characteristics of an industrial design are elements expressed in the form of lines, shapes, colors, position relationships or size relationships so that when combined with other characteristics (signs) to form that industrial design;

- Basic design features are design features that are easy to recognize/remember, necessary and sufficient to determine the nature of the industrial design and distinguish it from other industrial designs used for products of the same type.

Products of the same type are products that have identical or similar uses or functions. Complex products and parts used to assemble into complex products are different products.

- The following elements are not considered basic design features of industrial designs:

(i) The shape and lines are determined by the technical function of the product (for example, the flattened shape of a data recording disc is determined by the relative motion between the disc and the reader, etc.);

(ii) Elements whose presence in the set of signs is not enough to create an aesthetic impression (the impression of the product's shape does not change when that element is present and absent; For example, a change in a familiar shape or line but that change is not enough to be recognized, so the changed shape or line is still only recognized as the old shape or line);

(iii) Materials used to manufacture products;

(iv) The labels, stickers, etc. attached to products are only intended to serve the function of providing information, instructions about the origin, characteristics, structure, use, etc. of the product; for example, the information on product labels (such as manufacturer, trade indications, origin, barcode, etc.), brand names, geographic indications, etc.

(v) Size of the product, except in case of changing the decorative size of fabric samples and similar materials;

(vi) Invisible design features during the process of exploiting the product's uses (for the product's industrial design) or complex products (for industrial designs of parts assembled into complex products);

(vii) Other factors do not meet the conditions stated in Point b, Clause 4, Article 21 of Circular 23/2023/TT-BKHCN.

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