1. Object
of Protection :
An
industrial design is the external appearance of a product represented by
lines, forms and colors or the combination of these elements, which has
world-wide novelty and may be served as a pattern for manufacturing
handicrafts and industrial products.
2. Term
of Protection :
The term
of patent for industrial design is 5 years from the filing date with the
possibility to be renewed for further two (2) five-year periods.
3.
Examination Procedures
:
According
to Vietnam Industrial Design Law, industrial design applications shall have
to undergo two examinations, the first is formality and the second is
substantive one.
-
Formality examination
The
formality examination of industrial design will be conducted within one (1)
month from the filing date.
-
Substantive examination
The
substantive examination is conducted to determine the patentability of the
claimed industrial design and will last nine (9) months from the date of
signature of the notification of acceptance as to form.
4.
Required Information and Documents for Registration
:
a.
Information :
- Name
and address of the applicant;
- Name
and address of the creator;
-
International Classification of industrial design;
-
Convention priority data (Application No., Filing date; Country), if any.
b.
Documents :
To file
an Industrial Design application, the following documents are required:
- A
Notarized Power of Attorney;
-
Seven (7) sets of photographs or seven
(7)
sets of drawings of the Industrial Design which comprise perspective, front,
top, bottom, left, right and back views;
- A
Specification/Description of the
Industrial Design;
- A
Notarized Deed of Assignment, if any;
- A
Certified copy of the document for claiming the priority right under the
Paris Convention, if any;
- A Document proving the ownership right to trademark if the claimed Industrial Design contains the trademark.
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