30 January, 2020
The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act of July 2, 1999 – “1999 Act”) officially took effect in Vietnam on December 30, 2019. Hague System users can now designate Vietnam in an international design application.
The notes below provide an overview of how Vietnam is implementing the agreement, and are based on the country’s instrument of accession and its accompanying declarations, as well as information shared at a recent workshop held by the Intellectual Property Office of Vietnam and discussions with officers from the patent office.
For further information on registering industrial designs through the Hague System in Vietnam, please contact us at vietnam@tilleke.com.
I. Application
1. Application requirements
A description is required. Vietnam made the declaration referred to in Article 5(2)(a) of the 1999 Act, whereby an international application designating Vietnam shall contain a brief description of the characteristic features of the design, pursuant to Article 5(2)(b)(ii).
A claim is required in compliance with the common form: “Application for overall protection for industrial design(s) as shown and described.” Vietnam made the declaration referred to in Article 5(2)(a) of the 1999 Act, whereby an international application designating Vietnam shall contain a claim for protection of the design, pursuant to Article 5(2)(b)(iii).
Indications concerning the identity of the creator are not required, although such information is required for a Vietnamese national application.
2. Drawings/photos
A perspective view for three-dimensional designs is required. Vietnam made the declaration referred to in Rule 9(3) of the Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement.
The Intellectual Property Office of Vietnam (IP Office) may, however, refuse the application as not being sufficient to fully disclose the industrial design under Rule 9(4) if other views, especially sixorthogonal views (front, back, top, bottom, right side and left side views), are not provided.
For further information, please contact:
Athistha (Nop) Chitranukroh, Tilleke & Gibbins
athistha.c@tilleke.com
