Industrial Designs Law in Vietnam
Here’s an overview of Industrial Designs Law in Vietnam:
Industrial Designs Law in Vietnam
1. Legal Framework
Industrial designs in Vietnam are governed primarily by the Law on Intellectual Property No. 50/2005/QH11, last amended in 2019.
The law is implemented by the National Office of Intellectual Property of Vietnam (NOIP).
Vietnam is a member of multiple international treaties including:
Paris Convention
TRIPS Agreement
Hague Agreement (for international registration of industrial designs)
2. Definition and Protection
Industrial designs protect the outer appearance of products or parts of products.
This includes features such as shape, pattern, lines, colors, and/or materials.
To be eligible for protection, the design must be:
New — not disclosed publicly anywhere before the filing date or priority date.
Have distinctive features that give a unique overall impression.
3. Registration Procedure
Applications are submitted to the NOIP.
Must include detailed drawings, photographs, or descriptions of the design.
The NOIP conducts a formal examination and a substantive examination on novelty and originality.
Once registered, the design is published and granted protection.
4. Term of Protection
Initial protection is granted for 5 years from the filing date.
Can be renewed for two consecutive 5-year terms, for a maximum of 15 years.
5. International Treaties
Vietnam’s membership in the Hague Agreement allows applicants to file international design applications designating Vietnam.
Also a member of the Paris Convention and complies with the TRIPS Agreement standards.
6. Rights Conferred
Exclusive rights to manufacture, use, sell, or import products bearing the protected design.
Rights holder can prevent unauthorized copying or imitation.
7. Enforcement
Industrial design rights are enforceable in Vietnamese courts.
Remedies include injunctions, damages, destruction of infringing goods, and fines.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law on Intellectual Property No. 50/2005/QH11 (amended 2019) |
| Registration Authority | National Office of Intellectual Property (NOIP) |
| Examination | Formal and substantive (novelty and originality) |
| Protection Term | 15 years (5 + 2 renewals of 5 years) |
| International Treaties | Paris Convention, TRIPS, Hague Agreement |
| Enforcement | Vietnamese courts; injunctions, damages, destruction |
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