IMPORTANT CHANGES ON REGISTRATION OF INDUSTRIAL DESIGNS YOU SHOULD KNOW IN LAW ON IP OF VIETNAM AMENDED IN 2022
By ELITE Law Firm
In this change, the IP Law of Vietnam does not amend many of the Laws but focuses on changes that are more suitable to the practice of industrial design protection. We would like to walk you through the upcoming change to prepare for your business.
1. Industrial Design for a part of a product has been accepted for registration and protection in Vietnam since 2023
Manufacturers of automobiles, motorcycles, and telephones as well as enterprises which produce and trade in competitive products based on beauty and nice designs can earn and clearly see a positive change in industrial design registration procedures as to protection of a part design of a product. Accordingly, under Art. 4.13 of the amended IP Law, from 2023, when conducting registration for protection of industrial designs for parts, a new design part in a car or a motorbike, such as headlights, motorcycle bibs, rearview mirror, businesses are not necessary to register for protection for the entire vehicle design as before, but only need to register for protection for which is a part of the new design of the product.
This new regulation is considered to meet the actual needs in protecting creative achievements in design and product shape improvement, specifically products that are often upgraded and innovated with key important components, which makes a difference, attractive, attractive of the product year by year, but rarely does the manufacturer change the entire design and form of the product.
2.The industrial design applicants may delay publication of his/her industrial design application to keep advantage competition for new products
According to Art. 110.3 of IP Law amended 2022, an industrial design registration application may be published later based on the applicant’s request at the time of filing but not later than seven months from the filing date. Therefore, for the first time, the IP Law allows an applicant to delay publication of an industrial design application for up to 07 months, provided that the applicant submits a late publication request at the time of filing the application. If there is no request for late publication of the publication, the industrial design registration application will be published within 2 months from the formality acceptance date. Allowing a design applicant to delay his/her publication of industrial design applications helps design owners flexibly choose their business plans and keep advantageous competition for new products in the market.
Source: ELITE Law Firm
Keyword: Industrial Design
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