In today’s global market, intellectual property (IP) has become a valuable asset for businesses. It is crucial for companies to protect their designs, as they can be easily copied and imitated by competitors. In Vietnam, the registration of designs is an important step in safeguarding your intellectual property rights. In this article, we will discuss the process of design registration in Vietnam, the benefits of filing a design in the country, and provide useful information and links for applicants.
Contents
1. Why is Design Registration Necessary?
2. What Can be Registered as a Design in Vietnam?
3. Reasons for Refusal of a Design Application in Vietnam
4. The Process of Design Registration in Vietnam
5. Documents Required for Design Registration in Vietnam
6. Design Opposition Process in Vietnam
8. Why File a Design in Vietnam?
1. Why is Design Registration Necessary?
Design registration is necessary to prevent others from copying or using your design without your permission. In Vietnam, design registration provides legal protection for the appearance of a product, including its shape, pattern, and color. It is important to note that in Vietnam, designs are protected under industrial design rights rather than copyright.
2. What Can be Registered as a Design in Vietnam?
According to the Law on Intellectual Property of Vietnam, designs that are new and have distinctive features can be registered. This includes two-dimensional or three-dimensional designs, as well as a combination of both. The design must also not be contrary to social morals or public order. Learn the reasons for entering the Indonesian market in our article.
3. Reasons for Refusal of a Design Application in Vietnam
There are several reasons why a design application may be refused in Vietnam. These include:
- Lack of novelty: If the design has been made public before the application date, it will not be considered new and therefore cannot be registered.
- Lack of distinctiveness: The design must have distinctive features that set it apart from existing designs.
- Contrary to social morals or public order: Designs that go against social norms or public order will not be accepted for registration.
- Inconsistent with the product’s function: The design must be consistent with the product’s function and cannot solely serve a decorative purpose.
4. The Process of Design Registration in Vietnam
The process of design registration in Vietnam can be divided into three main stages: filing, examination, and registration.
1. Filing: The first step is to file an application with the National Office of Intellectual Property (NOIP) in Vietnam. The application must include a request for registration, a description of the design, and drawings or photographs of the design.
2. Formal Examination: Once the application is filed, the NOIP will conduct an examination to ensure that the design meets all the requirements for registration. This process can take up to 1 month after filing. The publication of the application occurs within 2 months from the date of the successful completion of the formal examination.
3. Substantive Examination: It is conducted within 7 months from the date of publication.
3. Registration: If the examination is successfully passed, the applicant is sent a decision on registration. Within 3 months, the fee for registration and publication must be paid.The registration is valid for five years from the filing date and can be renewed for two additional five-year terms.
5. Documents Required for Design Registration in Vietnam
To register a design in Vietnam, the following documents are required:
1. A power of attorney, signed by the applicant.
2. A copy of the applicant’s business registration certificate or other proof of legal status.
3. A description of the design.
4. Drawings or photographs of the design.
5. A priority document (if applicable).
6. Design Opposition Process in Vietnam
In Vietnam, there is no formal opposition process for design registration. However, if there are any objections to the registration of a design, they can be raised during the examination stage. The NOIP will consider these objections before making a decision on the registration.
7. Design Costs in Vietnam
The cost of registering a design in Vietnam depends on several factors, such as the number of designs to be registered and the complexity of the design.
Filing an application
| Professional fee | $90 |
| Government fee | $7 |
| Professional fee | $60 |
| Government fee | $6 |
The cost of a design registration in Vietnam through the iPNOTE platform starts as low as $163, which includes all government fees and document preparation. Find the best IP attorney in Vietnam on iPNOTE.
8. Why File a Design in Vietnam?
Filing a design in Vietnam can provide several benefits and opportunities for businesses. Here are some reasons to file a design in Vietnam along with relevant statistics:
1. Growing consumer market: Vietnam has a rapidly growing middle class with increasing purchasing power. According to the World Bank, Vietnam’s middle class is projected to reach 26 million people by 2026. Filing a design can help businesses protect their unique designs and attract consumers in this expanding market.
2. Strong manufacturing sector: Vietnam has emerged as a manufacturing hub, particularly in industries such as electronics, textiles, and furniture. By filing a design, businesses can prevent unauthorized copying or counterfeiting of their products, ensuring that their designs are exclusively associated with their brand.
3. Legal protection: Filing a design in Vietnam provides legal protection against infringement and counterfeiting. The Law on Intellectual Property of Vietnam offers robust legal provisions for design protection, including registration and enforcement mechanisms.
4. Regional integration: Vietnam is a member of various regional trade agreements, including the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the ASEAN Economic Community (AEC). Filing a design in Vietnam can facilitate protection across these markets, enabling businesses to expand their reach in the region.
5. Increasing design applications: The number of design applications filed in Vietnam has been steadily increasing over the years. According to the National Office of Intellectual Property of Vietnam (NOIP), there were 4,982 design applications filed in 2020, representing a 5% increase compared to the previous year.
6. Favorable registration process: The design registration process in Vietnam is relatively straightforward and cost-effective. The NOIP aims to process applications within six months from the filing date, making it an efficient option for protecting designs.
7. International recognition: Vietnam is a signatory to the Hague Agreement Concerning the International Registration of Industrial Designs. This allows businesses to file a single international design application, simplifying the process and providing protection in multiple countries.
9. Final Thoughts
Design registration in Vietnam is a crucial step in protecting your intellectual property rights. With a growing economy and strong IP protection laws, Vietnam is an ideal market for businesses looking to expand their reach. By following the registration process and seeking assistance from a local IP lawyer, you can ensure that your designs are protected in this fast-growing market.
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Also note: EU trademark registration, trade mark registration in Canada.
