1. Why should you register the inventions of jewellery in Vietnam?

The industry of manufacturing jewellery has developed for thousands of years and still is developing in our modern life. Nowadays, in addition to traditional products, there are more and more inventions of products or methods of manufacture in the market of jewellery. Along with the development of the market, it also comes with risks of copying or stealing the invention. One of the most effective ways to protect the inventions is to register inventions with the competent state agency. The invention owner will receive huge benefits from registering the invention, we can point out some benefits as below:

- A patent gives you exclusive rights. For example, you can participate in an exhibition, fair or an industry trade show and show the invention without fear of losing it. The patent also allows you to go to a wholesaler or distributor and confidently tell them that no one else on the market is allowed to manufacture, sell, use or distribute new products or improvements without your permission. This may reduce or eliminate competition.

- If there is a company, organization or individual violates your exclusive rights, you can ask competent state agency to handle the infringement, provided that your invention has been granted a patent. The patent also is a legal basis for the authority to identify the owner of the invention in case of dispute related to the ownership of the invention.

- You can create more profit by licensing or transferring the patent to companies, organizations or individuals who want to use the invention legally with your permission.

- You can also use the patent as capital to be contributed to other companies’ capital or investment projects. Other companies and organizations will only accept the value of the invention after it has been registered.

- You can use a patent to indicate the greater technological capacity, greater creativity, and higher performance in the marketing strategies of your brand.

- When a customer goes to the store to buy a product, he or she often wants to buy additional related products. Similarly, when a customer is intrigued by an innovation of patent-protected products, sales of non-patentable products may also increase. This happens when the patented product is an integral part of a more complex product or the patented product is sold with other products.

2. What are the inventions of jewellery?

In general, Vietnamese intellectual property law defines inventions as technical resolutions which apply natural principles to resolve specific mission in our life. These resolutions are sets of knowledge and techniques indicated in the forms of technical tools, mechanisms, apparatuses, equipment or technical methods, processes and measures. Technical resolutions can be protected in the form of being granted Invention patent and Utility solution with the following general requirements:

- Novelty;

- Creativeness;

- Ability to be applied industrially.

When applying for a patent, based on nature can characteristics of inventions, the applicant or competent state agency classify the inventions into different Classes of the International Patent Classification. The inventions of jewellery are classified into Class A44 of Section A. This Class mainly include some particular products or processes as below:

  • Buttons; Collar-studs; Sleeve-links;
  • Retainers or tethers for neckties, cravats, neckerchiefs, or the like, e.g. tie-clips, spring clips with attached tie-tethers, woggles, pins with associated sheathing members tetherable to clothing;
  • Cards for buttons, collar-studs, or sleeve-links;
  • Hat, scarf, or safety pins or the like;
  • Buckles; Similar fasteners for interconnecting straps or the like, e.g. for safety belts;
  • Hook or eye fasteners;
  • Key-rings;
  • Press-button or snap fasteners;
  • Brooches or clips in their decorative or ornamental aspect;
  • Medals; Badges;
  • Bracelets; Wrist-watch straps; Fastenings for bracelets or wrist-watch straps;
  • Ear-rings; Devices for piercing the ear-lobes;
  • Finger-rings; Watch chains; Ornamental chains;
  • Connectible jewellery; Gems, Coins;
  • Devices for preventing pilfering of watches or jewellery; Making jewellery or other personal adornments;

3. How to register the inventions of jewellery in Vietnam?

Normally, a registration application dossier for inventions of jewellery shall comprise the following documents according to the provisions of law:

- 02 copies of Invention Registration Forms (according to the form provided by competent state agencies);

- 02 copies of Request of Invention/utility solution protection;

- 02 copies of Description of Invention, the Description shall indicate fully and clearly the nature of the registering invention;

- 02 copies of the Invention/utility solution summary (it is not required to submit the summary at the time of filing and it may be provided 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 jewellery in Vietnam?

The applicant may file the invention registration application directly at the official office of National Office of Intellectual Property (NOIP) in Hanoi City or its representative offices in Da Nang City and Ho Chi Minh City, the processing time is only one morning or afternoon. Besides, the applicant can also file the invention registration application indirectly via postal services to the above places, the processing time will depend on the handling time of the post offices or couriers. The NOIP will issue an application number and record the number after the dossier has been received.

Normally, after receiving, the competent state agency will assess the invention registration application through the following stages:

Stage 1: The NOIP will asses the invention registration application in terms of its form.

Stage 2: In case the application is valid, the information will be published by the NOIP in the Industrial Property Official Gazette.

Stage 3: The NOIP will assess the invention registration application in terms of the content.

Stage 4: The NOIP will issue an Invention/Utility solution patent for the invention and record the information.

5. Where to register the inventions of jewellery in Vietnam?

If foreign companies or individuals want to register their inventions in Vietnam, they can only register through an industrial property representative in Vietnam according to the provisions of Vietnamese law. Many foreign as well as domestic clients contacted and were helped by Minh Khue Law Firm to register their inventions in Vietnam. Since August 2017, Minh Khue Law Firm has been licensed as an industrial property representative 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 jewellery 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 Limite