1. Criteria of protecting design in Vietnam
In order to protect design in Vietnam, the design must meet the following requirements:
+ Industrial application
+ Novelty step
+ Inventive step
2. Time frame
2.1 Design search in Vietnam:
This process is optional. However, it is recommended that the applicant should consider conducting the design search in Vietnam prior to officially filing their application. The result of design search shall show that there is any existed design similar or related to the intended design. Therefore, it will help applicants to decide to follow the application or not.
2.2. Design application in Vietnam:
In a straight forward case, the result of design application in Vietnam shall be available within 12-14 months. The time frame shall be shortened if express examination request is filed into NOIP. If so, the additional fee shall be further charged.
In principle, application for design in Vietnam shall be passed through stages:
+ Formality examination of design application: 01 month – 02 months counted from the filing date.
+ Publication of design application: 02 months counted from the date of accepting the legitimate of design application.
+ Substantive examination of design application: 9-10 months from the publishing date.
3. Validity of design in Vietnam
15 years counted from the filing date or the first filing date when priority is claimed. The design can be renewed for two times (5 years/time).
4. Subjects accepted to be protected under the form of design in Vietnam
Appearance of a product embodied in three dimensional configurations, lines, colours or a combination of such elements.
5. Other services relating to design provided by A&S LAW includes:
Advice on whether a design is suitable for registration in Vietnam.
Register design in other countries
Conducting infringement searches.
Investigation of the validity of registrations.
Filing oppositions to pending design application.
Canceling registered design
Renewing design in Vietnam
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