Intellectual property protection is critical to fostering innovation. In the trend of deep and comprehensive integration, intangible assets are getting more popular day by day. To ensure legitimate rights and interests, more and more people are paying attention to intellectual property protection, especially the protection of industrial designs. Many people find out and register for their “industrial designs” protection by themselves. But it is not easy due to a large amount of information and not every industrial design is eligible for protection. Let Apolo Lawyers (Tel: (028) 66.701.709) provide you the information about industrial designs and the conditions for the protection of industrial design.
Industrial design is an important factor for customers to distinguish products of different businesses in the market. Besides that, the industrial design also helps to enhance the commercial value of the enterprise and its products.
According to the Law on Intellectual property, “industrial design” is the outward appearance of a product embodied in three-dimensional configuration, lines, colors, or a combination of such elements.
Products with an industrial design are objects, equipment, tools, vehicles, … or assembled parts, constituting products, manufactured by industrial methods, industrial crafts, with certain structures and functions, are circulated independently.
There are three factors to determine whether an industrial design is eligible for protection: (i) being novel; (ii) involving a creative nature; (iii) Being susceptible to industrial application.
An industrial design shall be deemed to be new if it significantly differs from other industrial designs which have been publicly disclosed by use or by means of written descriptions or in any other form either inside or outside Vietnam prior to the filing date or the priority date, as applicable, of the application for registration of the industrial design.
An industrial design shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret. Therefore, before registering industrial design, owners should not publicize the designs because they can lose their novelty.
An industrial design shall be deemed to be creative if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the application of registration of the industrial design, the industrial design can not be easily created by a person with average knowledge in the art.
An industrial design shall be deemed to be susceptible to the industrial application if it can be used as a model for mass manufacture of products with the outward appearance embodying such industrial design by industrial or handicraft methods.
3. The objects ineligible for the protection of industrial designs
In the light of the Law on Intellectual property, the following items shall be ineligible for protection as industrial designs:
Besides that, objects that are contrary to social ethics and public order, and harmful to national defense and security are also objects ineligible for the protection as industrial designs.
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Registration for industrial designs means that the owner of the designs conducts the procedure for filing an application for exclusive registration of an industrial design at the Intellectual Property Office of Viet Nam to recognize the legal ownership of the industrial design for the owner in the Vietnamese territory.
Registration for industrial designs is not an easy task for those who are not equipped with legal knowledge. In order for registration for industrial designs to take place quickly and smoothly, Apolo Lawyers offers our clients registration for industrial designs service. Typically, when clients use our service, you will be provided the basic knowledge about industrial designs such as the concept under the Intellectual Property Law, conditions for industrial designs protection, necessary documents for registration, time, and costs. Depending on the different demands of each client, we offer different packages of our service that are suitable to our client’s budget and demands.
We will implement the following tasks for our clients:
Proud to be an experienced law firm, Apolo Lawyers commits to providing our clients with optimal and effective legal service regarding industrial designs or anything about intellectual property protection.
For further information, please contact us: Apolo Lawyers
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