In the context where intellectual property (IP) rights are becoming increasingly important, the question “What is an industrial design and why should it be registered for protection?” has attracted considerable attention, especially from manufacturing and trading enterprises.
According to Clause 13, Article 4 of the Vietnam IP Law 2005 (as amended in 2009, 2019 and 2022, effective from January 1, 2023):
“An industrial design means the external appearance of a product or a component to be assembled into a complex product, expressed in shapes, lines, colors or a combination thereof, and visible in the course of exploiting the utility of the product or the complex product.”
In other words, an industrial design refers to the external appearance of a product – the feature that creates distinctiveness and consumer recognition.
Examples include: the appearance of cars or motorbikes, the shape of packaging for cosmetics, or the design of beverage bottles.
Industrial designs contribute significantly to the distinctiveness of each product. Therefore, registering for protection ensures that the owner can prevent unauthorized use, secure exclusive commercial exploitation, and gain economic benefits.
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An example of an industrial design registered by A Dong
Industrial design registration is an administrative procedure carried out before the Intellectual Property Office of Vietnam (IP Vietnam), whereby the applicant files an application to obtain a Certificate of Industrial Design Patent (Industrial Design Patent) granting exclusive rights to the design.
Conditions for protection:
Term of protection:
The Industrial Design Patent records essential details such as the owner’s information, filing and grant dates, images of the registered design, and the duration of validity. This serves as a critical legal basis for enforcing rights in cases of infringement.
Enterprises should register for industrial design protection for the following reasons:
Conclusion
Registering industrial designs not only protects the product and brand identity but also helps enterprises maximize economic value from their creativity while minimizing legal risks.
If your enterprise is seeking advice and assistance in registering industrial design protection, please contact A Dong IP Law Firm for prompt and professional support.
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Sai Gon Ward, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
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