1. Procedures for Registration of exclusive industrial designs:

- Application receipt: The application can be submitted directly or by mail to the office of the National Office of Intellectual Property in Hanoi or to 2 Representative Office of the Department in Ho Chi Minh City and Da Nang.

- Formal examination of the application: Check whether the formality of the application complies with current provisions, thus concluding whether the application is considered valid.

- Notice of acceptance/refusal to accept the application

+ In the case of a valid application, the National Office of Industrial Property shall issue a notice of acceptance of the application

+ In the case the application is invalid, the National Office of Industrial Property will issue a notice of refusal to accept the application.

- Application announcement: The application shall be considered valid and shall be announced in the Industrial Property Gazette.

- Examination of the content of the application: Assess possibility to be protected of the object stated in the application under the protection conditions (novelty, creative level, industrial applicability), thereby defining the scope of protection corresponding.

Đăng ký bảo hộ kiểu dáng công nghiệp ?

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Counsel for registration of industrial design protection, call: 0986 38 66 48

- Issuing a decision on grant/refusal to grant a protection title:

+ If the object stated in the application does not meet the protection requirements, the National Office of Industrial Property shall issue a decision refusing to grant a protection title;

+ If the object stated in the application satisfies the protection requirements, and the applicant pays the full fee, the National Office of Industrial Property shall issue a decision to grant the protection title and record it in the National Register on industrial property, and published in the Intellectual Property Gazette.

2. Methods of implementation of protection of industrial designs:

- Directly at the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City and Da Nang;

- By mail.

3. Composition and number of dossiers of registration of industrial design:

- The composition of the application include:

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+ Declaration (02 copes as form);

+ Set of photos/drawings (05 sets);

+ Description (01 set);

+ Relevant documents;

+ Receipt of fees and charges.

- Number of file: 01 (set).

4. Time limit for processing the application for registration of industrial designs:

- Appraising form: 01 month from the date of receiving the application;

- Application announcement: 02 months from the date of acceptance of valid application;

- Examination of content: 06 months from the date of publication.

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5. Subjects of implementing administrative procedures:
All organizations and individuals living, studying and working in Vietnam have the right to file applications for registration of industrial designs.

6. State agency to carry out administrative procedures for registration of industrial design protection:
The National Office of Intellectual Property is headquartered in Hanoi and representative offices in Ho Chi Minh City and Da Nang.

7. Results of implementation of administrative procedures for industrial design registration:
- A decision to grant/refuse to grant a protection title.

- Certificate of exclusive industrial designs.

8. State fees for submitting the application of industrial design protection registration:
- Application fee: 180.000 VND.

- Application announcement fee: 120.000 VND.

- Charge for content evaluation: 300.000 VND.

- Fee for granting protection title: 120.000 VND.

- Registration fee: 120.000 VND.

9. Name of the application form, declaration form:

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Declaration for registration of industrial designs

10. Requirements and conditions for implementation of administrative procedures:

- Organizations and individuals that satisfy the following conditions shall have the right to register industrial designs:

+ The author creates the industrial design with his own efforts and expenses;

+ Organizations and individuals invest funds and material facilities in the form of assignment or employment, unless parties have a different agreement and such agreement is not contrary to the provisions of law;

+ In case of many organizations or individuals jointly create or invest in the creation of a layout-design, all such organizations and individuals shall have the right to register and the right to register shall be exercisable only if all groups that person or organization agrees;

+ In case industrial design is created by the use of material facilities, techniques and economy from the state budget:

- In case an industrial design is created on the basis that the State invests in all funding, material and technical means, the right to register the industrial design shall belong to the State. The State organization or agency assigned the right to act as the representative of the State shall exercise the right to register the industrial design;

- In case an industrial design is created on the basis of capital contribution by the State (funding, material and technical means), part of the right to register industrial designs corresponding to the capital contribution ratio belongs to the State. Organizations and agencies which are the State's investment capital portions shall have the responsibility to represent the State in exercising the right to register industrial designs;

- In case an industrial design is created on the basis of research and development cooperation between a State organization and other organizations or individuals, if there is no different provision in the research and development cooperation agreement, a part of the right to register an industrial design corresponds to the contribution rate of the State agency in that cooperation, belongs to the State. Organizations and state agencies involved in research and development cooperation shall have the responsibility to represent the State in exercising the right to registration of industrial designs.

>> See also:  Decision No. 06/2012/QD-TTg dated January 20, 2012 of the Prime Minister on consultation with the business community on international trade agreements

- In order to be granted a protection title for an industrial design, the subject of registration must satisfy the following conditions:

+ Novelty;

+ Creativeness;

+ Applicable in industry.

Translated from: Dịch vụ tư vấn thủ tục đăng ký kiểu dáng công nghiệp

Contact to use the registration service for intellectual property rights protection in Vietnam:
Clients wishing to use the service please contact us directly:

>> See also:  Circular No. 12/2013/TT-BTTTT dated May 13, 2013 of the Ministry of Information and Communications guiding the licenses on telecommunications services

MINH KHU LAW CO., LTD (Intellectual Property Representative Organization No. 168)

Add: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.

Consult and request for Intellectual Property protection service 24/7, call 1900.6162

Send a letter or service request via Email: [email protected], an experienced team of lawyers, experts in the field of intellectual property will analyze service requirements and send a letter of advice on a detailed quotation for each specific case.

Look forward to cooperation with clients!

Best regards./.

Intellectual Property Department - Minh Khue Law Firm