Industrial Designs

1What is an appeal against a Decision on refusal of granting a Patent for an Industrial Design Application?

ELITE LAW FIRM (ELITE): An appeal against a Decision on refusal of granting a Patent for an industrial design application means that a design applicant having such a refusal Decision issued by the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal Decision if there are sufficient legal grounds to prove that the said Decision is contrary to law provisions, directly infringing upon the applicant’s legitimate rights and interests.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

2What is the purpose of filing an appeal against a Decision on refusal of granting a Patent for an Industrial Design Application?

ELITE: The purpose of filing an appeal against the Decision on refusal of granting a Patent for an industrial design application is to protect the Applicant’s legitimate rights and interests in accordance with the laws and regulations, namely requesting the NOIP to reconsider and withdraw the previous refusal Decision and issue a fresh Decision to grant a Patent for an Industrial Design of the Appellant.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

3How long is the statute of limitation for filing a first-time Appeal against a Decision on refusal of granting a Patent for an Industrial Design Application at the National Office of Intellectual Property of Vietnam?

ELITE: According to regulations (Article 9 of Law on Complaints 2011), the statute of limitations for filing a first-time Appeal is 90 (ninety) days from the date that the Appellant receives a Decision on refusal of granting a Patent for an Industrial Design Application from the NOIP.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

4What documents are required to file an appeal against the Decision on refusal of granting a Patent for an Industrial Design Application at the NOIP?

ELITE: Required documents of an appeal against a Decision on refusal of granting a Patent for an industrial design application are as followings: (i) An Appeal Application (under the Form); (ii) An official letter explaining legal reasons/grounds for the Appeal enclosed with the Appeal Application and evidence or supporting documents (if any); (iii) A copy of the NOIP's Decision on refusal of granting a Patent for an Industrial Design Appl.; (iv) An original Power of Attorney signed by the Appellant (in case the Appeal is filed through an IP Representative/Agent); (v) A copy of fee payment for the Appeal.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

5How long does it take to resolve a first-time Appeal against a Decision on refusal of granting a Patent for Industrial Design for a design registration application at the NOIP?

ELITE: According to regulations (Art. 28 and Art. 37 of the Law on Appeal in 2011), the time limit for resolving the first-time Appeal against the Decision on refusal to grant a Patent for an industrial design application at NOIP must not exceed 30 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving/settlement may be prolonged but must not exceed 45 days from the acceptance date. The time limit for resolving a second-time Appeal must not exceed 45 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving may be prolonged, but must not exceed 60 days from the acceptance date.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

6What should the Appellant do if he/she disagreeing with the results of the NOIP's first-time appeal resolving/settlement as to the refusal Decision?

ELITE: According to regulations, if the Appellant does not agree with the first-time Appeal resolving Decision of the NOIP or beyond the prescribed time limit, the Appeal has not been resolved yet, the Appellant has the right to file a second-time Appeal to the Minister of Science and Technology (Head of direct superior of the NOIP) or initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures. In case the complainant disagrees with the second-time Appeal settlement Decision of the Minister of Science and Technology or the prescribed time limit expires but the Appeal has not been yet resolved, the Appellant has the right to initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

7Where can I register for industrial design protection in Vietnam?

ELITE: According to Vietnamese regulations, an industrial design patent can only be established on the basis of the decision to grant a protection title of the National Office of Intellectual Property of Vietnam, address: 384-386, Nguyen Trai Str.,Thanh Xuan., Hanoi, Vietnam.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

8How long does it take to complete the registration procedures of industrial design protection in Vietnam?

ELITE: The procedure for registration of industrial design protection at the National Office of Intellectual Property of Vietnam (NOIP) according to regulations needs to go through several steps, including: filing an application, formal examination of the application, publication of the application, substantive examination of the application, making a decision on grant a protection title, paying the licensing fee and the NOIP granting an industrial design patent for a registration application that meets the protection requirements. Accordingly, the total time to carry out the procedures for industrial design registration according to the provisions of the current Vietnam Intellectual Property Law is 11 months.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

9What should I prepare for the dossier of protection registration applications of industrial design at the National Office of Intellectual Property of Vietnam (NOIP)?

ELITE:

02 application for registration of industrial design, (form);

01 Description of the industrial design (including all prescribed contents);

04 sets of photos/drawings of industrial design, each set includes 07 photos (taken/drawn according to regulations);

Proof of payment of application fees and charges (the normal filing fee for 1 design option with 07 images is VND 1,735,000;

Power of Attorney (form) - if the industrial property registration application is filed through an industrial property agency such as ELITE LAW FIRM

Documents evidencing the priority right (if the industrial design application contains a claim for enjoying the priority right).

Note: To ensure complete information storage, customers should prepare 02 dossier of application for industrial design patent, 01 set to be submitted to NOIP, 01 set for customers to keep.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

10Which state agency has the function of assessing industrial property in Vietnam?

ELITE:

Currently, the Institute of Intellectual Property Science under the Ministry of Science and Technology - the only public non-business unit in Vietnam - has the conditions to conduct industrial property assessment.

Address: 39 Tran Hung Dao Str., Hoan Kiem Dist., Hanoi, Vietnam

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

11How to assigning industrial property rights (ownership rights transfer) in Vietnam?

ELITE: According to the provisions of the Law on Intellectual Property (IP) of Vietnam, the owner of an industrial design patent has the right to use, let others use, prohibit others from using, assign and lease the right to use (Licensing) for his or her IP license (Article 123 of the Vietnam Intellectual Property Law).

Customers please note that, according to the provisions of the Vietnam IP Law, the industrial design patent assignment contract must be made in writing and registered at the NOIP to have legal effect.

A contract for the transfer of a Business Registration Certificate should contain the following main contents:

- Full name and address of assignor and assignee.

- Transfer basis.

- Transfer price.

- Rights and obligations of the assignor and assignee.

Regarding the procedure for registering an Industrial Design Transfer Contract at the NOIP, customers need to prepare a normal dossier set, including:

- 02 declarations for registration of transfer contracts (form);

- 01 original transfer contract with signatures and seals of the parties;

- 01 original valid industrial design patent;

- Proof of payment of fees and charges.

- 01 Power of Attorney (if submitted through an industrial property representative such as ELITE Law Firm).

The time limit for completing the procedures for registration and recognition of industrial design transfer contracts at NOIP is 02 months according to regulations. However, this time limit may be extended because the dossiers are not valid according to regulations or due to the overload of applications at the NOIP.

If you have questions or require consultant about Patent in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com