According to Clause 13, Article 14, Law on Intellectual Property of Vietnam
“ Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.”
Industrial design refers to a wide variety of industrial, such as fashion, medical devices, watches, jewelery, household appliances, car or motorcycle, etc.
(1) General conditions for industrial designs eligible for protection
According to Article 63, Law on Intellectual Property of Vietnam
“ An industrial design shall be protected when it satisfies the following conditions:
- Being new;
- Being creative;
- Being susceptible of industrial application.”
In order to determine whether an industrial design is eligible for protection in Vietnam, it is necessary to correctly understand the conditions provided for by law:
– An industrial design shall be considered new if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the industrial design registration application.
– An industrial design shall be considered creative if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the industrial design registration application, it cannot be easily created by a person with average knowledge in the art.
– An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.
(2) Subject matters not protected as industrial designs
According to Article 64, Law on Intellectual Property of Vietnam
“ The following subject matters shall not be protected as industrial designs:
- Appearance of a product, which is dictated by the technical features of the product;
- Appearance of a civil or an industrial construction work;
- Shape of a product, which is invisible during the use of the product.”
