Industrial design is the external appearance of a product which is expressed in lines, dimensions, colors or any combination thereof. An industrial design shall be protected if it is novel, non-obvious and industrially applicable.
Subject matters not protected as industrial designs include appearance of a product which is indispensable to secure the technical functions of the product; Appearance of a product which purely has aesthetic value; Appearance of civil or industrial construction; works; Appearance of a product which is invisible during the use.
The “first to file” principle is applied in Vietnam, therefore, of the two applications filed for the same design meeting requirements of protection, the one of earlier filing date will be granted.
The validity term of an industrial design is five years counted from the filing date which can be extended twice, 5 years for each.
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