Conditions for the protection of industrial designs
Thblaw.com.vn
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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.
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