1. Why should you register the inventions of clothing, headwear and footwear in Vietnam?

The fashion industry is a very big industry for centuries along with the development of the economy. Especially in this industry, the demand of people with clothing, headwear and footwear products keep changing very quickly and it requires the constant innovations. Therefore, there are thousands of inventions of clothing, headwear and footwear are invented each year and companies should pay more attention to the protection of these inventions by registering the inventions with the competent state agency. By registering an invention, the owner of the invention will receive huge advantages such as:

- The owner will have exclusive rights to manufacture and distribute products based on the invention. The invention will be protected by the law and competent state agency and no company or individual is allowed to use the invention without the owner’s consent.

- If there is a dispute related to ownership of the invention, the patent granted by the authority will be a legal basis for the authority to identify the right owner of the invention. Moreover, if other competitors violate the intellectual property rights of the owner, the competent state agency will base on the patent to handle the infringement with administrative procedures.

- Enhance the position of the company in the market by establishing and strengthening the competitive advantages of the company before competitors in the market. For example, advantage in manufacturing and distributing products, or advantage in marketing. After an invention is registered and announced to the public, the customer will pay more attention to the company and its products. The company will be considered as an innovative company with good quality products.

- Receive more profit from licensing or transferring the invention to other companies, organizations or individuals in the market who want to use the invention lawfully.

- Company and individual who own the invention can use the patent as a property to contribute to other companies’ capital, to business cooperation contracts and investment projects. The invention can only be recognized as capital after being granted a patent.


2. What are inventions of clothing, headwear and footwear?

According to the provision of law, inventions are generally defined as technical solutions that resolve specific mission in our life by applying natural laws. These solutions can be indicated in the forms of technical machines, mechanisms, apparatuses, equipment or technical methods, processes, measures. There are two forms of patent: Invention patent and Utility solution.

In general, an invention/utility solution shall be granted a patent if it satisfies the criteria as below:

- Novelty;

- Creativeness;

- Ability to be applied industrially.

When applying for a patent, inventions shall be classified into different Classes of the International Patent Classification based on their natures and characteristics.. The inventions of clothing, headwear and footwear are classified into Class A41, A42, A43 of Section A. These Classes mainly include some particular products or processes such as:

- Shirts; collars; fold-line formings for collars or cuffs;

- Underwear; Selection of special materials for underwear;

- Baby linen; Handkerchiefs;

- Corsets or girdles; brassières; machines, appliances, or methods for manufacturing corsets or brassières;

- Jackets; Vests, jerseys, sweaters; Overcoats; Raincoats; fur garments; garments of fur substitutes;

- Bathing gowns; Swim-suits, drawers, or trunks; Beach suits;

- Pyjamas; Nightdresses;

- Professional, industrial or sporting protective garments, e.g. surgeons' gowns or garments protecting against blows or punches;

- Gaiters; Spats;

- Gloves; Wristbands or headbands, e.g. for absorbing sweat;

- Scarves; Head-scarves; Neckerchiefs; Uniforms;

- Materials specially adapted for outerwear;

- Hats; Caps; Hoods; Helmets; Helmet covers; Veils;

- Manufacturing hats;

- Shoes characterized by the material; characterized by the shape or the use; Soles and heels; insoles; Uppers

- Machines, tools, equipment or methods for manufacturing or repairing footwear;

3. How to register the inventions of clothing, headwear and footwear in Vietnam?

According to the Vietnamese intellectual property law, a dossier of invention registration application for clothing, headwear and footwear shall comprise the following documents:

- 02 copies of Declaration Forms of Invention Registration (made according to the prescribed form);

- 02 copies of Invention/utility solution protection request (02 copies);

- 02 copies of Invention description forms which must present fully and clearly the nature of the invention;

- 02 copies of the Invention/utility solution summary (it is not required to submit at the time of filing and the applicant may provide the summary later).

- Authorization letter (if any);

- Receipts of the state fees and charges that were paid in advance (if any);

4. Procedures for registration of inventions of clothing, headwear and footwear in Vietnam?

The National Office of Intellectual Property (NOIP) is the state agency that is competent to receive and examine the invention registration application. The registration application can be filed directly at the NOIP’s official office in Hanoi or to its representative offices in Da Nang City and Ho Chi Minh City and the handling time is only one morning or afternoon. On the other hand, the registration application can be submitted indirectly via postal services to the above places and the handling time will depend on the delivery time of the post offices or couriers. The NOIP will record and provide an application number after receiving the application.

Generally, the NOIP will process the invention registration application through the following stages:

Stage 1: The invention registration application will be appraised in terms of the form by the NOIP

Stage 2: If the form of the application is valid, the NOIP will publish it in the Industrial Property Official Gazette

Stage 3: The invention registration application will continue to be appraised in terms of the content by the NOIP

Stage 4: The NOIP will grant a patent for the invention and record the patent

5. Where to register the inventions of clothing, headwear and footwear in Vietnam?

Currently, according to the Vietnamese intellectual property law, foreign companies or individuals can only register their inventions through an industrial property representative in Vietnam. Any clients, both foriegn and domestic, who want to register an invention can contact and come directly to Minh Khue Law Firm to be counseled and helped in carrying out the procedure of registration of inventions in Vietnam. Minh Khue Law Firm has been licensed as an industrial property representative in Vietnam since August 2017 by the NOIP, with the representative code is 226.

The Intellectual Property Department of Minh Khue Law Firm will carry out all the procedures for the client. Our office based in Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi city.

Person in charge of the Intellectual Property Department of Minh Khue Law Firm:

Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn;

Phone number: + 84986 386 648

The completed register dossier will be submitted at: National Office of Intellectual Property of Vietnam.

Address: 384-386 Nguyen Trai, Thanh Xuan Trung, Thanh Xuan, Hanoi

6. Contact to register the inventions of clothing, headwear and footwear in Vietnam?

Please contact: Minh Khue Law Company Limited

Address: Room 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

Phone number: + 84986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited