Objects Not Protected as Industrial Designs

1. External appearance of a product dictated solely by its technical function

These are product shapes whose existence is an inevitable result of technical features, rather than aesthetic creativity.

Examples: the spiral groove of a screw, fan blades inclined at a fixed angle to create airflow.

If such shapes were protected, it would lead to unreasonable consequences:

• Restrict creativity (since all products with the same technical function would necessarily share the same shape);
• Prevent other entities from applying equivalent technical solutions;
• Fail to satisfy the statutory requirement of “creativity.”

Therefore, shapes dictated exclusively by technical function are not protected as industrial designs.

Screw cannot be protected as industrial design

2. External appearance of civil or industrial construction works

Construction works (such as houses, bridges, factories) are not considered industrial products manufactured in large quantities and therefore do not meet the criteria for industrial design protection.

Intellectual property rights over construction works are protected under architectural drawings or as applied art works, rather than as industrial designs.

Moreover, the external appearance of construction works often results from technical requirements or functional use, rather than aesthetic design intended to distinguish products in commerce.

Consequently, the external appearance of construction works is not protected as an industrial design.



3. Shapes of products invisible during use

One of the key functions of an industrial design is its external aesthetics, which attract consumer attention and promote product sales.

Details that remain inside a product and are not visible during normal use do not satisfy the requirement of being “external appearance.”

Examples:

• The shape of an engine inside a machine;
• The configuration of electronic components inside a device;
• Parts only visible when the product is dismantled.

Such objects, even if novel and creative, are still not protected as industrial designs.

Conclusion

Under Vietnamese law, industrial design protection applies only to external product appearances with aesthetic value that can be perceived and reproduced for mass production. Shapes dictated by technical function, external appearances of construction works, and internal product details invisible during use all fall outside the scope of protection.

By understanding these exclusions, enterprises can:

• Avoid wasting time and cost on ineligible applications;
• Develop an appropriate intellectual property strategy, focusing on creations with high potential for protection and commercialization.

For detailed advice on industrial design registration and protection, please contact A Dong IP Law Firm for professional support.