Right to apply for industrial design protection at first belongs to author or his/her legal heirs. If an industrial design is created on the ground that the author has fulfilled his/her assignment given by an organization which he/she is a member of or supply him/her with money and means,

such organization has right to apply for such design.

If an industrial design is created on the ground of a contract therein the author is hired to make the industrial design by another person or ozganization, then such organization, individual have right to apply for such design to be protected

Dossier for registering a industrial design

Documents to be filed:

+ Application form for Industrial Design (sample application is issued by the NOIP)

+ Description of the industrial design

+ Photos or images of the industrial design

+ Documents confirming valid right to apply, in case that the applicant is assigned right to appy from another (Heir certificate, Applying right certificate or agreement, service agreement or labor contract)

+ Document confirming right to possess if such design contains trademark

+ Power of attorney (prepared by WINLAW), including the original and copy

+ Copy of the first application or document confirming design’s display at a exhibition (inlcuding Vietnamese copy), in case there is a request of enjoy priority right stipulated by international treaty.

+ Receipt of application fees and application publicizing fees

+ Vietnamese description of industrial design if the filed description is in English/French/Russian..

+ Documents confirming owning right of trademark

Industrial design’s description should be expressed clearly, reveal nature of such design, match with the photos or images collection and includes the followings:

+ Name of product or part of product containing industrial design

+ International industrial design categorizing index (according to Locarno Concord)

+ Using field of product that brings industrial design

+ Already-known similar industrial designs

+ Photos or images list

+ Nature of industrial design, therein described clearly industrial design’s basic shapes that are diffirent from other similar designs

Photos or images collection should fully reflect the nature of industrial design as described in the description in order to define the scope of protection for such design. Photos/images must be clear and sharp, distinguish the products containing design from other. All photos/images must be in the same rate. Size of each photo should not be smaller than 90x120 mm and greater than 210x297 mm.

Objects that can not be protected as industrial design

+ Product’s outside shape that can be made easily by average-level persons in corresponding field

+ Outside shape that is commandary because of the product’s technial characteristic

+ Outside shape of constructive buildings