Trang chủ » Conditions for the protection of industrial designs

Conditions for the protection of industrial designs

15/06/2023 - 298

Thblaw.com.vn

-

Industrial Design According to Article 4(13) of IP Law, industrial design means a specific appearance of a product embodied in three-dimensional configurations, lines, colors or a combination of these elements and easily visible in use. Products herein are understood to mean articles, tools, equipment, or parts used for assembling such products, manufactured by industrial or […]

Industrial Design

According to Article 4(13) of IP Law, industrial design means a specific appearance of a product embodied in three-dimensional configurations, lines, colors or a combination of these elements and easily visible in use.

Products herein are understood to mean articles, tools, equipment, or parts used for assembling such products, manufactured by industrial or handicraft methods, with a structure and clear function, and be circulated independently.

 

 

Conditions for the protection of industrial designs

According to Articles 63, 64, 65, 66 and 67, of IP Law, an industrial design is eligible for protection when fully satisfying the following conditions: 

  • Being novel: An industrial design shall be considered novel if it significantly differs from other publicly disclosed industrial designs prior to the filing date or the priority date, as applicable, of the industrial design registration application.
  • Being inventive: An industrial design shall be considered inventive if it cannot be easily created with average knowledge in related areas based on publicly disclosed industrial designs prior to the filing date or the priority date, as applicable, of the industrial design registration application.
  • Being capable of industrial application: An industrial design shall be considered capable of industrial application if it can be used as a model for mass production.

Therefore, an industrial design intentionally similar or identical to other publicly disclosed industrial designs might be considered an IP infringement depending on the applicable laws.

 

Objects ineligible for protection as industrial designs:

  • Appearance of a product, which is dictated by the technical features of the product;
  • Appearance of civil or industrial construction work;
  • Shape of a product, which is invisible in the use of the product;
  • Intellectual property objects which are contrary to social ethics and public order or prejudicial to defense and security.

 

Ngoc Anh Tr.

 

For further inquiries, please contact us:

THB CONSULTING CO., LTD

Office: 3rd Floor, No. 10, Lane 102 Tran Phu Street, Mo Lao Ward, Ha Dong District, Hanoi

Hotline: 0836383322

Email: huyenvu@thblaw.com.vn

Website: thblaw.com.vn 

Bài viết liên quan
Who can register industrial property rights?

Who can register industrial property rights?

Đăng vào ngày: 25/12/2023

Who can register industrial property rights?  1, Right to register inventions, industrial designs and layout designs  Pursuant to Article 86 of the Intellectual Property, the following organizations and individuals shall have the right to register inventions, industrial designs and layout designs: – Authors who have created inventions, industrial designs or layout designs by their own […]

Xem thêm
Industrial Design Search

Industrial Design Search

Đăng vào ngày: 23/06/2023

There are numerous ways to conduct a search on industrial designs and we introduce audiences several reliable databases: Wipopublish Link: http://wipopublish.ipvietnam.gov.vn/ In WIPO Publish platform, users can search for complete information about industrial designs published with the frequency of information updating according to the publication schedule of one time each month. DesignView Link: https://www.tmdn.org/tmdsview-web/welcom#/dsview This […]

Xem thêm
Difference between Invention and Industrial Design

Difference between Invention and Industrial Design

Đăng vào ngày: 21/06/2023

To distinguish invention and industrial design, we can compare based on the following criteria: Criteria Invention Industrial Design Definition Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature. An invention shall be protected by mode of grant […]

Xem thêm
Industrial Design Renewal

Industrial Design Renewal

Đăng vào ngày: 12/06/2023

Industrial design patents shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years. Request for renewal of one or several industrial design variations stated in the industrial design patent must include a […]

Xem thêm