The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act of July 2, 1999 – “1999 Act”) offically came into force in Vietnam on January 1, 2020. Vietnam’s accession to the Geneva Act allowed natural persons or legal entities of the Contracting Parties to the Hague Agreement (hereinafter “Hague system users“) to designate Vietnam in international applications filed under the Geneva Act.
As explained on WIPO’s website, Vietnam has adopted a design registration system that requires substantive examination before a design is registered. The notes hereafter 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 discussed and shared at recent workshops held by the Intellectual Property Office of Vietnam (IP VIETNAM).
Flowchart for International Industrial Design Registration under the Hague Agreement designating Vietnam is as below:
Note: On the flowchart above, the dashed lines indicate the procedure that may not need to be performed.
2. Registration under the Hague Agreement
Hague system users may file an international application directly with the International Bureau of WIPO (hereinafter “IB“) or through IP VIETNAM (Article 4 of the Geneva Act). If necessary, an applicant can claim priority of a national or regional application filed earlier under Article 4 of the Paris Convention or for any member country of the WTO (Article 6 of the Geneva Act).
3. Application requirements
Vietnam made the declaration referred to in Article 5(2)(a) of the 1999 Act, where Viet Nam is designated, an international design application shall contain a brief description of the characteristic features of the design, pursuant to Article 5(2)(b)(ii).
Pursuant to Article 5(2)(b)(iii), Viet Nam declared that where Viet Nam is designated, an international design application shall contain a claim for protection of the design, in compliance with the common form: “Application for overall protection for industrial design(s) as shown and described”.
Indications concerning the identity of the creator of the industrial design are not required, although such information is required for a Vietnamese national counterpart.
The declaration of Viet Nam in relation to drawings/photos of the industrial design referred to in Rule 9(3) of the Common Regulations under the 1999 Act and the 1960 Act of the Hague Agreement, whereby where the product which constitutes the industrial design is three-dimensional, a perspective view of the industrial design is required.
IP VIETNAM may however refuse the application on the ground of not being sufficient to fully disclose the industrial design under Rule 9(4) of the Hague Agreement if other views, especially six orthogonal views (front, back, top, bottom, right side and left side views), are not provided.
Pursuant to Article 11(1)(b), Viet Nam declared that where Viet Nam is designated, it is not possible for an applicant of the international industrial design to request the deferment of publication of the ensuing international registration.
Additionally, Vietnam does not publish international design registrations in its own official gazette although international trademark registrations are published.
6. Protection Term
Pursuant to Article 17(3), the Vietnam declared that the maximum duration of protection for designs is 15 years from grant.
For further information on registering industrial designs under the Hague designating Vietnam, please contact us as specified below: