Industrial Design Consultant in Vietnam

Before a new design is launched, or sold in a new country, client company needs to ensure the Intellectual Property protection of industrial design.

Industrial Design Consultant in Vietnam

We are an industrial design consultant in Vietnam with lawyers with qualification and experience to assist client from application, protection, and dispute handling process.

ANT Lawyers IP Practice offers industrial design services as following:

-Look-up, assess and consult possibilities to register industrial design in Vietnam and abroad;

-Represent clients in applying for certificates of industrial design, record modification, extend degree of industrial protection in Vietnam and abroad;

-Evaluate the effectiveness of the certificate of industrial design registration and the possibility of industrial design rights violation;

-Implement of the protected industrial design rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;

-Negotiate, draft, evaluate and register the of changing industrial design ownership in Vietnam and abroad;

-Advise on building strategies, brand development;

ANT Lawyers offers industrial design services to protect intellectual assets through advising, searching, filing design by industrial design attorney in Vietnam 

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Register industrial design in Vietnam

 

Register industrial design in Vietnam is necessary for individual and organization.

Industrial design is the outward appearance of a product embodied in three-dimensional configuration, lines, colors or a combination of such elements. An impressed appearance shall increase the value of products, the attraction to customers and the distinction from other same products. In fact, however, appearances of products can be copied easily if there no legal protection and prior prevention. Filling industrial design in National Office of Intellectual Property shall guarantee that your product appearance is protected from violation of others.

 

Register industrial design in Vietnam

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to offer you Industrial Design Filing service as follow:

ANT Lawyers service in Industry Design

Our services in this area include:

a. Evaluate the possibility of registration and use of Industrial Design;

b. Search for information on the registration and use of Industrial design;

c. File application and proceed with the legal procedures on the registration of Industrial design;

d. Advise and proceed with the legal procedures on the record of assignment of Industrial Design application;

e. Advise and proceed with the legal procedures on the record of amendment of Industrial Design application such as: name and address of the applicant;

f. Advise and proceed with the legal procedures on the amendment of the Industrial Design Certificate on the basis of transferring of ownership, merging companies; record of change of name and address of the Certificate holder;

g. Advise on the renewal of validity of the exclusive Industrial Design Certificate.

h. License and Assignment;

i. Opposition against proceedings;

j. Appeal; cancellation; invalidation;

 

How to file Industrial Design in Vietnam?

Required documents:

i. Original Power of Attorney from the Applicant(s);

The POA must be signed by an applicant or duly authorized representative on behalf of the Applicant (no further notarization or legalization is required);

The POA is required at the time of filing, please therefore arrange to have and provide us with scan copy via fax or email first and original one can be followed within one [01] month later.

ii. Full name and address of applicant(s);

iii. Full name, address and nationality of designer(s);

iv. Drawing of design;

The drawings of design must show clearly 7 views (separately in jpeg. format is preferable): perspective view, front view, rear view, right view, left view, top view, bottom view, at a same scale; and the minimum resolution is 300DPI.

v. Original certified true copy of priority document (if any);

vi. Salient novelty features description in which showing the using purpose or Lorcano classification of design, if any.

Time and procedures:

The ID application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with ID Examination Procedure as below:

i. Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as from the filing date or date entering the national phase. If the ID application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed.

ii. The Substantive Examination: The above application will be examined as to substance within 12 months.

• Notification of the Substantive Examination Results.

• The Decision of Refusal or Request to pay fee.

• Issuing the ID of Invention

Note: The deadline for filing design application in Vietnam on the basis of claiming priority right under Paris convention is 6 months counted from the earliest priority date;

iii. The total time from filing to registration in straightforward case is 12-14 months. However, in practice, this duration can be extended further 3-6 months;

ID Term and Maintenance:

A registered industrial design is given an initial protection period of 5 years from the date of filing and is extended for two further consecutive terms of 5 years each. The maximum protection period is 15 years.

If you are looking for an experience Industrial design attorney in Vietnam to help you with your Industrial design matters, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

Hope this helps!

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How to Register Industrial Design in Vietnam?

Industrial design is the outward appearance of a product embodied in three-dimensional configuration, lines, colors or a combination of such elements. An impressed appearance shall increase the value of products, the attraction to customers and the distinction from other same products. In fact, however, appearances of products can be copied easily if there no legal protection and prior prevention. Filling industrial design in National Office of Intellectual Property shall guarantee that your product appearance is protected from violation of others.

Register industrial design in Vietnam

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to offer you Industrial Design Filing service as follow:

ANT Lawyers service in Industry Design

Our services in this area include:

a. Evaluate the possibility of registration and use of Industrial Design;

b. Search for information on the registration and use of Industrial design;

c. File application and proceed with the legal procedures on the registration of Industrial design;

d. Advise and proceed with the legal procedures on the record of assignment of Industrial Design application;

e. Advise and proceed with the legal procedures on the record of amendment of Industrial Design application such as: name and address of the applicant;

f. Advise and proceed with the legal procedures on the amendment of the Industrial Design Certificate on the basis of transferring of ownership, merging companies; record of change of name and address of the Certificate holder;

g. Advise on the renewal of validity of the exclusive Industrial Design Certificate.

h. License and Assignment;

i. Opposition against proceedings;

j. Appeal; cancellation; invalidation;

How to file Industrial Design in Vietnam

Required documents:

i. Original Power of Attorney from the Applicant(s);

The POA must be signed by an applicant or duly authorized representative on behalf of the Applicant (no further notarization or legalization is required);

The POA is required at the time of filing, please therefore arrange to have and provide us with scan copy via fax or email first and original one can be followed within one [01] month later.

ii. Full name and address of applicant(s);

iii. Full name, address and nationality of designer(s);

iv. Drawing of design;

The drawings of design must show clearly 7 views (separately in jpeg. format is preferable): perspective view, front view, rear view, right view, left view, top view, bottom view, at a same scale; and the minimum resolution is 300DPI.

v. Original certified true copy of priority document (if any);

vi. Salient novelty features description in which showing the using purpose or Lorcano classification of design, if any.

Time and procedures:

The ID application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with ID Examination Procedure as below:

i. Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as from the filing date or date entering the national phase. If the ID application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed.

ii. The Substantive Examination: The above application will be examined as to substance within 12 months.

• Notification of the Substantive Examination Results.

• The Decision of Refusal or Request to pay fee.

• Issuing the ID of Invention

Note: The deadline for filing design application in Vietnam on the basis of claiming priority right under Paris convention is 6 months counted from the earliest priority date;

iii. The total time from filing to registration in straightforward case is 12-14 months. However, in practice, this duration can be extended further 3-6 months;

ID Term and Maintenance:

A registered industrial design is given an initial protection period of 5 years from the date of filing and is extended for two further consecutive terms of 5 years each. The maximum protection period is 15 years.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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What Are Requirements For Sets of photos or Drawings of Industrial Design?

Set of photos or drawings is one the most important documents of the dossier for registration industrial design. According to the laws on intellectual property of Vietnam, what sets of photos or drawings of industrial designs arerequired to satisfy which conditions?

In details, the following conditions are required for the sets of photos or drawings of industrial design:

-Photos or drawings must be clear and well defined; drawings must be presented with unbroken lines; the background of a photo or drawing must be monochrome and contrast with the industrial design; a photo or drawing must show only the product imbued with the industrial design sought to be protected (not accompanied with another product);

Industrial Design in Vietnam

-Photos or drawings must show the industrial design on the same scale. The size of the industrial design shown in photos or drawings must neither be smaller than 90 mm x 120 mm nor larger than 190 mm x 277 mm;

-Photos and drawings must show the industrial design viewed in the same direction and in the following order: three-dimensional picture of the industrial design, front, rear, right-side-left-side, top-down and down-top shadows of the industrial design; shown shadows must be frontispieces.

-For an industrial design with symmetrical shadows, its photos or drawings are not required to show more symmetrical shadows, provided that such is clearly stated in the list of photos and drawings in the description;

-For the industrial design of an expandable product (for instance: box, package), shadows of the industrial design may be replaced with photos or drawings of the industrial design in an expandable state.

-Depending on the complexity of an industrial design, more photos or three-dimensional drawings from other angles, cross-sections or magnified pictures of parts, pictures of knocked down components of the product, etc., may be required to clearly show new and distinctive design features of the industrial design sought to be protected.

-For a product that have different usages (for example: a product with cover or foldable), there must be photos or drawings of its industrial design in different states.

-For the industrial design of a part of a complete product, there must be more photos or drawings illustrating the position for fitting or use of such part on the complete set of product.

-For each variation of the industrial design, there must be a set of photos or drawings fully presenting it according to the above conditions.

-For a set of products, there must be three- dimensional pictures of the whole set and a set of photos or drawings of each product in the set according to the above conditions.

If Client needs more information or request for legal advice regarding intellectual property matters, please contact with ANT Lawyers to be assisted.

ANT Lawyers is supported by a team of experienced IP attorneys in Vietnam with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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What Are Requirements For Sets of photos or Drawings of Industrial Design?

Set of photos or drawings is one the most important documents of the dossier for registration industrial design. According to the laws on intellectual property of Vietnam, what sets of photos or drawings of industrial designs arerequired to satisfy which conditions?

In details, the following conditions are required for the sets of photos or drawings of industrial design:

-Photos or drawings must be clear and well defined; drawings must be presented with unbroken lines; the background of a photo or drawing must be monochrome and contrast with the industrial design; a photo or drawing must show only the product imbued with the industrial design sought to be protected (not accompanied with another product);

Industrial Design in Vietnam

-Photos or drawings must show the industrial design on the same scale. The size of the industrial design shown in photos or drawings must neither be smaller than 90 mm x 120 mm nor larger than 190 mm x 277 mm;

-Photos and drawings must show the industrial design viewed in the same direction and in the following order: three-dimensional picture of the industrial design, front, rear, right-side-left-side, top-down and down-top shadows of the industrial design; shown shadows must be frontispieces.

-For an industrial design with symmetrical shadows, its photos or drawings are not required to show more symmetrical shadows, provided that such is clearly stated in the list of photos and drawings in the description;

-For the industrial design of an expandable product (for instance: box, package), shadows of the industrial design may be replaced with photos or drawings of the industrial design in an expandable state.

-Depending on the complexity of an industrial design, more photos or three-dimensional drawings from other angles, cross-sections or magnified pictures of parts, pictures of knocked down components of the product, etc., may be required to clearly show new and distinctive design features of the industrial design sought to be protected.

-For a product that have different usages (for example: a product with cover or foldable), there must be photos or drawings of its industrial design in different states.

-For the industrial design of a part of a complete product, there must be more photos or drawings illustrating the position for fitting or use of such part on the complete set of product.

-For each variation of the industrial design, there must be a set of photos or drawings fully presenting it according to the above conditions.

-For a set of products, there must be three- dimensional pictures of the whole set and a set of photos or drawings of each product in the set according to the above conditions.

If Client needs more information or request for legal advice regarding intellectual property matters, please contact with ANT Lawyers to be assisted.

ANT Lawyers is supported by a team of experienced IP attorneys in Vietnam with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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The tools allow a business to protect intellectual property

Intellectual property is something you have created. It is not just an idea. It must have a content. It can be material such as a design or immaterial such as a software.

To protect intellectual property in a business, different tools can be used depending on your type of creation. There are two mainly different types of protections : automatic protection and protection you have to apply for.

1 - Two types of automatic protections : Copyright and Design right

For these both protections you don’t to do any application or pay any fee. Copyright and Design right prevent people from using your work without your permission.

Copyright:

Copyright protection encompasses art, photography, web content, films, music…

To inform that your idea is protected you can mark your work with the following :

The copyright symbol : ©

Your name

The year of creation

If your country has signed international agreements, your work can be protected overseas. Usually the protection lasts around 25 years for photographs and 50 years for the other types of work.

Design right:

Design right protects the shape and configuration of your object. To benefit from this right you will have to prove the date of creation. This protection lasts 10 years once it is sold and 15 years from its creation.

2 - Application for protection : Trade marks, patents, registered designs

With the following protections you have the right to take a legal action against someone who uses your creation or invention without your permission.

Trade marks:

Logos, jingles and product names can be protected by Trademarks.The protection lasts 10 years. However it is renewable.

Patents:

A patent is an effective protection for your invention. However the process is time-consuming and very expensive. For instance your invention can be an artistic work, a playing game or a diagnosis. To benefit from this protection, your invention has to be new.

Registered designs:

By registering your design you protect its appearance, decoration or shape. The protection lasts up to 25 years (you have to renew it every 5 years).

At last, to protect your intellectual property you can also sign an non-disclosure agreement. In the contract you share confidential information that can include intellectual property. The second party is not allowed to disclose this information.

Source: Quora

If you are looking for an experienced IP attorneys in Vietnam to help you with your IP application, you should visit ANT Lawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP. Hope this helps!

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Anti-dumping Case AD06 Relating to Fiberboard of Wood Products Ended

Requesting Party of Anti-dumping case AD06 comprises of 04 companies representing the domestic industry: (i) VRG Kien Giang MDF Joint Stock Company; (ii) VRG Dongwha MDF Joint Stock Company; (iii) MDF VRG – Quang Tri Wood Joint Stock Company and (iv) Kim Tin MDF Joint Stock Company. Requesting Party accused fiberboard of wood imported from Thailand and Malaysia of having been dumped into Vietnam market with dumping margins from 18,59% to 50,6% and this dumping is the main cause of significant injury to manufacturing of industrial wooden planks of Vietnam.

Products under investigation: some fiberboard of wood or other ligneous materials, whether or not assembled with glue or other organic adhesives, uncoated and unwrought, with the HS codes 4411.12.00, 4411.13.00, 4411.14.00, 4411.92.00, 4411.93.00, 4411.94.00 originated from Thailand and Malaysia.

Antitrust lawyers in Vietnam

The investigating period: (1) The investigating period to determine dumping activities: from Jan 01^st, 2018 to Dec 31^st, 2018; (2) The investigating period to determine the damages of the domestic industry: from Jan 01^st, 2015 to Dec 31^st, 2018.

On Oct 23^th, 2018,  Trade Remedies Authority of Vietnam (TRAV) received Dossier of request for investigation, application of anti-dumping measures.

TRAV has issued official dispatch No. 963/PVTM-P1 dated Nov 6^th, 2018 and official dispatch No. 48/PVTM-P1 dated Jan 16^th, 2019, requiring the Requesting Party to supplement the dossier.

On Jan 27^th, 2019, Requesting Party fully supplemented the required information.

On Feb 01^st, 2019, Investigating authority issued official dispatch No. 105/PVTM-P1 confirming that Dossier is valid, complete and send letter to Royal Thai Embassy and Embassy of Malaysia in Vietnam, informing about the receipt of complete and valid dossier.

On Mar 18^th, 2019, the Ministry of Industry and Trade issued Decision No. 623/QD-BCT on the extension of the decision of investigation for another 30 days.

On Apr 18^th, 2019, the Ministry of Industry and Trade issued Decision No. 940/QĐ-BCT on investigation of the application of anti-dumping measures on fiberboard of wood products or other ligneous materials, whether or not assembled with glue or other organic adhesives, uncoated and unwrought, originated from Thailand and Malaysia (case number AD06).

On May 02^nd, 2019, Investigation Questionnaire is issued for domestic importers, producers and foreign exporters, producers in AD06 case. The time limit to answer Investigation Questionnaire is 17h00, Jun 10^th, 2019 (Hanoi time).

To ensure relevant enterprises’ rights and interests, the Investigation authority asks that all of relevant domestic importers, producers should participate to fully cooperate throughout the investigation of the case. The contents’ Investigation Questionnaire shall be basis for the Investigation Body to consider the conclusion.

On Jan 14^th, 2020, Minister of Industry and Trade signed the decision of termination the investigation and no application anti-dumping measures on some fiberboard of wood products (fiberboard of wood MDF) imported from Thailand and Malaysia.

Over 7 months of investigation according to regulations of World Trade Organization, Law on foreign trade management 2017 and other relevant regulations, Ministry of Industry and Trade has examined and carefully evaluated the losses of domestic industry, level of dumping of producers from Thailand and Malaysia, as well as considered and calculated the impact on the industry and consumers of fiberboard of wood products. The results of investigation show that the domestic industry has not been significantly damaged or threatened to be significantly damaged because of imported goods from Thailand and Malaysia.

Therefore, according to regulations of Vietnam law relating to trade remedies and Anti-Dumping Agreement of World Trade Organization, Ministry of Industry and Trade decided not to apply anti-dumping measures on fiberboard of wood products imported from Thailand and Malaysia. Ministry of Industry and Trade will coordinate with the relevant authorities to watch closely the import situation, sign of dumping of foreign producers/exporters as well as operation, production and trading reality of domestic fiberboard of wood industry to recommend the necessary measures according to regulations.

Our international trade and tax lawyers, and antitrust lawyers at ANT Lawyers, a law firm in Vietnam have always followed the development of situation and update the clients on relevant matters.

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