Is the appearance of our products protected in Vietnam? >> It is possible. You may apply for a design protection for the appearance of your product (or packages). Only ornamental features of the appearance are protectable. Features dictated by functionalities are not eligible for design protection.
     
What are the requirements for design protection in Vietnam? >> A design must be novel, non-obvious, and industrially applicable. 
     
I have a new design of a tea set. Can I apply for design protection for that tea set or do I have to apply for each piece of the tea set? >> It is possible to apply for design protection for a set of articles.
     
How can I apply for design protection in Vietnam? >> You can file a design application with National Office of Intellectual Property of Vietnam (NOIP). If you are a foreigner (being an individual or a legal entity, e.g., a corporate), you need to involve a local IP agent for the filing and prosecution of the design application before NOIP.
     
What should I prepare for my design application? >>
     
What happens to my design application? >> Your design application will be subjected to formality examination, publication, and substantive examination by NOIP.
     
How long does the design examination process take? >> It takes around 10 months. In particular:
+ Formality examination: within 1 month
+ Publication: within 2 months
+ Substantive examination: within 7 months
     
How long does a design registration last? >> A design registration (design patent) lasts for 5 years from the filing date. A design registration may be renewed twice, 5 years each (15 years in total.) 
     
I am selling my design to someone else. Do I have to register the sale? >> Yes, you do. You need to register such assignment of ownership with NOIP. The new holder will be recorded in the design patent and NOIP’s database.
     
I am going to let someone else to use my registered design. Do I have to register the contract? >> The contract is valid and binding for the parties concerned. However, for the contract to have effect to third parties, you need to register it with NOIP.
     
How can I enforce my design patent? >> You can request an administrative authority (e.g., Science and Technology Inspectorates) to take action against an infringement. You may also initiate a lawsuit before a court. It is possible for you to request for an administrative action (to stop the infringement) and then initiate a lawsuit for the damages.
     
    FAQs are provided for general informational purposes only and may not be considered as advice or opinions in any circunstances or situations.