Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.
General conditions for industrial designs eligible for protection
An industrial design shall be eligible for protection if it meets the following conditions:
1. To be novel;
2. To be creative;
3. To be susceptible of industrial application.
Subject matters not protected as industrial designs
The following subject matters shall not be protected as industrial designs:
1. Appearance of a product that is dictated by its technical features of the product;
2. Appearance of a civil or an industrial construction work;
3. Appearance of a product that is invisible during use of the product.
Required documents of Industrial Design Applications:
1. A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);
2. Documents, samples, information identifying the design as provided for in Articles 103 of the IP Law 2005 of Viet Nam (e.g. a set of photos, a set of drawings and a description of the industrial design);
3. Power of attorneys, if the application is filed through a representative;
4. Documents evidencing the right to registration, if acquired by the applicant from another person;
5. Documents evidencing the priority right, if claimed;
6. Receipt of fees and charges.
All documents of the application shall be in Vietnamese, except for the documents supporting the applications, which can be made in another language but shall be translated into Vietnamese at the request of NOIP.