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Term of industrial design protection

12/06/2023 - 137

Thblaw.com.vn

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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

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