Trang chủ » Term of industrial design protection

Term of industrial design protection

12/06/2023 - 230

Thblaw.com.vn

-

Industrial design, trademark, or invention, all are protected by the Intellectual Property Law with different terms of protection. For industrial design, pursuant to Clause 13 Article 4 of the Intellectual Property Law: Industrial design means the outward appearance of a product embodied in three-dimensional configuration, lines, colors, or a combination of such elements. Industrial design…

Industrial design, trademark, or invention, all are protected by the Intellectual Property Law with different terms of protection. For industrial design, pursuant to Clause 13 Article 4 of the Intellectual Property Law:

Industrial design means the outward appearance of a product embodied in three-dimensional configuration, lines, colors, or a combination of such elements. Industrial design creates a difference and attraction for the product of each business.

If the owner registers for the protection of the industrial design, their product will be protected when someone else uses it illegally. When an industrial design is protected, not only the owner but also the customer also has benefits from fair competition in the market, the products are invested in more aesthetic image.

Pursuant to Clause 4 Article 93 of the Intellectual Property Law: An industrial design patent shall be valid from the grant date until the end of five 5 years after the filing date and may be renewed for two consecutive terms, each of five 5 years.

Therefore, The industrial design is protected within 5 years from the filing date and can be extended up to 2 times.

Accordingly, industrial designs are protected exclusively for 15 years (if renewed continuously until their expiration). After this industrial design is out of exclusivity, others can use it without the consent of the owner.

Quang Anh

Contact us to be consulted and to use services.

—————————————————

THBlaw Company

Representative Office: No.10, Alley 102, Tran Phu Street, Ha Dong District, Ha Noi

Phone0836383322

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
Conditions for the protection of industrial designs

Conditions for the protection of industrial designs

Đăng vào ngày: 15/06/2023

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…

Xem thêm