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DESIGN PROTECTION IN VIETNAM

General Information  I  Design Procedures  I  Filing Requirements
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FILING REQUIREMENTS

For registration of an Industrial Design

+ Information

• Full name, address and nationality of the applicant(s);
• Full name, address and nationality of the creator(s);
• Title of the design and field to which the design relates;
• International Classification for the design under Locarno Agreement; field of application; similar and known/used design(s); 
• Paris Convention Priority data (if any): country, application number and filing date of the original foreign application from which priority is claimed;
• Exhibition Priority data (if any): place where the design was exhibited, the name of the exhibition and the date on which the design was first exhibited.

+ Documents

• A Power of Attorney (Word file) (PDF file) from the applicant. Notarization and/or Legalization are not required (required at filing; a fax copy is acceptable provided that the original is submitted within 3 months from the filing date). This document must be signed by the Applicant if the Applicant is an individual or by the officer entitled to represent the Applicant if the Applicant is a legal entity and affixed by the corporate seal of such an entity (if any). General Power of Attorney is acceptable for filing various applications in the name of the same applicant;
• A Deed of Assignment of priority right where the applicant is different from the applicant having filed the priority application (required within 3 months from the filing date). This document must be signed by each party and affixed by a corporate seal (if any). No notarization and/or legalization are required;
• A brief description of the Industrial Design and claims in English showing new, distinctive features of the design to be protected comparing to known similar designs (if any);
• Six (6) sets of photographs or Six (6) sets of drawings of the Industrial Design comprising perspective, front, back, left, right, top and bottom views. They must be in the same scale with a size not smaller than 90mm x 120 mm and not larger than 210 mm x 297 mm. Please note that if a design is applied to a part of an article, perspective photos/drawings of the article showing this part are required. In the case where the design is of a high level of difficulty, a cross-sectional drawing(s) in necessary places may be required. If an article to which the design is applied has a lid or is foldable (for example: refrigerator, wardrobe or suitcase), drawings or photos of it in the open position are required. (fax copies of photographs/ drawings are acceptable at filing, provided that the originals are submitted within 3 months from the filing date);
• A certified copy of the first filed application or Certificate issued by the competent authorities of the exhibition and the sworn English translation (in the case the priority document is not in English), if the Paris Convention Priority is claimed  (required within 3 months from the filing date); 
• If a design bears a sign that is inherently registrable as a trademark, the applicant shall provide with the documents (e.g. copy of Trademark Registration Certificate granted by the NOIP or Trademark License Contract that has been registered with the NOIP), stating that the trademark placed on the design belongs to the applicant (if any).

+ Note

• An executed Deed of Assignment (Word file) (PDF file) from the Designer(s) to the Applicant (if the Designer(s) and the Applicant are not the same), or document justifying the right to apply (inheritance, employment contract, service contract), under the current Law, is no longer required at the time of filing. However, the Vietnamese National Office of Intellectual Property (NOIP) reserves the right to request the applicant to submit this document in the case the NOIP has reasonable grounds to doubt the Applicant's eligibility.

For renewal of a Design Patent

• A notarized Power of Attorney (Word file) (PDF file) from the owner. Legalization is not necessary (required at filing);
• The original Patent for Industrial Design (required at filing).

For recordal of an Assignment Agreement

+ Minimum-required contents of an Assignment Agreement

• The identity of the Assignor and Assignee (full name and address);
• Details of the IP objects to be assigned (information on granted Design Patent);
• Price of the assignment and term of payment;
• Rights and obligations of each party;
• Conditions for amendment, termination and invalidation of the Agreement;
• Method for settlement of disputes;
• Date and place of signing;
• Signatures of the parties or of their authorized representatives with the full names and position of the signatories. These signatures must be duly notarized.

+ Documents required for recordal of an Assignment Agreement

• A notarized Power of Attorney (Word file) (PDF file) from the Assignee or Assignor. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
• The original Patent for Industrial Design;
• A notarized copy of Business Licence/Investment Licence if the Assignee is a Vietnamese entity;
• Two original or certified copies of Assignment Agreement duly executed by both parties with the signatures verified by Notary Public, including appendix or appendices (if any) and their Vietnamese translations;

+ Notes

• The Assignment Agreement must be recorded with the National Office of Industrial Property of Vietnam (NOIP) to be legally effective and enforceable in Vietnam. 
• The request for recordal of the Assignment Agreement should be submitted within 60 days from the signing date.
• For those agreements to which one party is a Vietnamese entity which is State-owned or State-funded, the agreements shall be subject to approval by the Ministry of Science and Technology (MoST) before being recorded by the NOIP. 
• If the Agreement is executed in English only, the Vietnamese translation of the Agreement is required. The Vietnamese translation must be certified by a Notary Public in Vietnam. Tri Viet & Associates can provide translation service.
• The Assignment Agreement must be affixed with Corporate Seals or certified by Notary Public.
• A standard form of Assignment Agreement containing minimum-required provisions will be provided upon request.

For recordal of a License Agreement

+ Minimum-required contents of a License Agreement

• The identity of the Licensor and Licensee (full name and address);
• Details of the IP objects to be assigned (information on granted Design Patent);
• Scope of the License including: type of license (exclusive or non-exclusive); object(s) of license (Design Patent); territory of license (Vietnamese territory or part thereof); term of license (within the term of validity of the corresponding design patent). In case of a sub-license, the scope of the sub-license must fall within the scope of the corresponding exclusive license.
• Price of the License and term of payment;
• Rights and obligations of each party;
• Conditions for amendment, termination and invalidation of the Agreement;
• Method for settlement of disputes;
• Date and place of signing;
• Signatures of the parties or of their authorized representatives with the full names and position of the signatories. These signatures must be duly notarized.

+ Documents required for recordal of an License Agreement

• A notarized Power of Attorney (Word file) (PDF file) from the Licensor and Licensee. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
• A certified copy of the Patent for Industrial Design;
• A copy of the Certificate of Recordal of the corresponding exclusive Agreement (if the Agreement to be approved is a sub-agreement);
• A notarized copy of Business Licence/Investment Licence of the Licensee (if the Licensee is a Vietnamese entity);
• Two original or certified copies of License Agreement duly executed by both parties with the signatures verified by Notary Public, including appendix or appendices (if any) and their Vietnamese translations;

+ Notes

• The License Agreement must be recorded with the National Office of Industrial Property of Vietnam (NOIP) to be legally effective and enforceable in Vietnam. 
• The request for recordal of the License Agreement should be submitted within 60 days from the signing date.
• For those agreements to which one party is a Vietnamese entity which is State-owned or State-funded, the agreements shall be subject to approval by the Ministry of Science and Technology (MoST) before being recorded by the NOIP. 
• If the Agreement is executed in English only, the Vietnamese translation of the Agreement is required. The Vietnamese translation must be certified by a Notary Public in Vietnam. Tri Viet & Associates can provide translation service.
• The License Agreement must be affixed with Corporate Seals or certified by Notary Public.
• A standard form of License Agreement containing minimum-required provisions will be provided upon request.

For recordal of chage of name and/or address

• A notarized Power of Attorney (Word file) (PDF file) from the Owner. No legalization is required (required at filing);
• A notarized Declaration on Change of Name and/or Address by the Owner, or a certified copy of Official Record on Change of Name and/or Address (required at filing);
• Original Patent for Industrial Design (required at filing).

For more information concerning industrial design protection in Vietnam, please click to the desired section in the above menu, or contact us.