Currently, many businesses and individuals are developing their intellectual property products with the need to be protected abroad. According to current regulations, there are various ways to register international industrial designs in Vietnam. In the following article, Law Plus provides customers with basic information related to procedures and forms of international industrial design registration.
Table of Contents/Mục lục
1. Concept
Registering an international industrial design involves registering in foreign countries outside of Vietnam’s territory. When the owner wants their design to be protected in a specific country, they can register in that country or designate it to ensure their rights.
The design owner can register in one or more countries where they need protection without being limited in quantity or scope of protection. The forms of protection are also diverse, depending on the owner’s needs.
2. Scope of Protection
The scope of protection for industrial designs is based on territorial principles. This implies that registration in a specific country will only receive protection within that country. Hence, when an industrial design obtains a registration certificate in Vietnam, its protection is limited to the territory of Vietnam.
When the owner of an industrial design wants protection abroad, they can submit applications to the Intellectual Property Office. This will avoid businesses and individuals having to submit directly to foreign countries or send via international postal services, reducing costs and document loss.
3. Forms of Application for International Industrial Design Registration
Currently, there are 03 forms of registration:
Form 1: Registering industrial design for each country
Businesses and individuals can register by submitting applications directly to the intellectual property agencies of each country where they want to protect their designs.
This form is suitable for businesses with branches in registered countries and can process applications directly and quickly.
Form 2: Registering design through regional channels
Businesses wishing to register industrial designs in multiple countries that are members of a regional agreement can submit a single application to the intellectual property office of that region.
This form is suitable for businesses that need protection in a specific region, such as the European Union managed by the Office for Harmonization in the Internal Market (OHIM), the Benelux region managed by the Benelux Designs Office (BDO), etc.
Form 3: Registering design through international channels
Businesses can use the procedures specified in the Hague Agreement. The World Intellectual Property Organization (WIPO) manages Vietnam as a member country.
4. Procedures for submitting an application for international industrial design registration
The registration procedure will be based on the following steps:
Option 1: Submit the application directly to the International Office
Method 1: Applicants use the WIPO’s eHague online filing system. Log in to the online filing system, enter the information, pay the fees, and submit the application here.
Method 2: Applicants send the application directly to WIPO or send it by post and complete the information in the available forms (downloaded from the WIPO website), submit the paper application directly or send it by post.
Option 2: Indirect submission through the Intellectual Property Office of Vietnam
- Fill out form DM/1: Applicants visit the WIPO website to download form DM/1 or receive the DM/1 form at the Intellectual Property Office and fill in the information.
- Submit an international registration application to the Intellectual Property Office along with the application transfer fee.
- Receive the fee notice from the Intellectual Property Office and pay the fee to the International Office.
- The Intellectual Property Office completes the application and submits it to the International Office.
Note: The language used when submitting through the Intellectual Property Office is English.
For any inquiries, customers can contact Law Plus via the website, hotline 02862 779 399 / 0965 052 039 / 0966 008 030 (WhatsApp, Viber, Zalo), or email info@lawplus.vn.
