Design Quick Facts


Design

Ornamental features of products’ appearance

Features dictated by functionalities

No

Features is not visible when in use

No

Appearance of civil or industrial constructions

No

Protection Duration

5 years from date of application or priority

Protection Criteria

> Novel
> Non-obvious
> Industrially applicable

Renewal

> 5 years
> 2 renewals, 5 years each
> Renewal fee
> Use fee (5 years)

Priority Claim

Paris convention (6 months)

WTO Membership

Yes

Classification

Locarno (10th)

Application

> First-to-File
> 1 application for 1 design (variations/embodiments are possible)

Filing Requirements (Basic)

> Design title
> Drawings
> Power of attorney signed by Applicant (neither notarization nor legalization required)

Typical Drawing Views Required (except for patterns, etc.)

> Perspective
> Front
> Back
> Right-side
> Left-side
> Top
> Bottom

International Application

No

Examination Process
1. Filing an Application with the Vietnam IPO

2. Formal Examination
> Outcome: decision on acceptance/refusal of an application as to formality

3. Application Publication
(Opposition is possible after application publication up to grant/refusal decision)

4. Substantive Examination
> Outcome: grant/refusal decision

General Information


IPRs in Vietnam

> Patent (The Intellectual Property Office of Vietnam – ‘IPO of Vietnam’)
> Design (The IPO of Vietnam)
> Trademark (The IPO of Vietnam)
> Geographical Indication (state-owned, The IPO of Vietnam)
> Design of IC (The IPO of Vietnam, no substantive examination)
> Trade Secret (No registration required nor available)
> Trade Name (No registration required nor available)
> Protection Against Unfair Competition, IPRs-related (No registration required nor available)
> Copyright & Related Rights (No registration required yet available and advisable at the Copyright Office of Vietnam – Ministry of Culture and Information)
> New Plant Variety (The Plant Variety Protection Office – Ministry of Agriculture and Rural Development)

Main Domestic Law

> Civil Code
> Penal Code
> Law on Intellectual Property 2015, amended.
> Various Decrees and Circulars

International Treaties

Madrid Agreement (June 25, 1939)

 Trademark

 
Paris Convention (March 8, 1949)

Industrial property
 
 
WIPO Convention (July 2, 1976)

Establishment of WIPO
 
Patent Cooperation Treaty (March 10, 1993)

Patent
 
 
Berne Convention (October 26, 2004)

Protection of literary and artistic works
 
 
Phonograms Convention (July 6, 2005)

Protection of of phonogram’s producers
 
 
Brussels Convention (January 12, 2006)

Prevention of the unauthorized distribution on or from its territory of any programme-carrying signal transmitted by satellite
 
 
Madrid Protocol (July 11, 2006)

Trademark
 
 
UPOV Convention (December 24, 2006)

Protection of New Varieties of Plants
 
 
WTO (January 11, 2007)

Intellectual property related

 
Rome Convention (March 1, 2007)

Protection in performances for performers, in phonograms for producers of phonograms and in broadcasts for broadcasting organizations