1. Vietnam Industrial Design validity term and renewal
An Industrial Design in Vietnam becomes effective from the granting date to the end of 05 years commencing from the filing date (subject to renewal), may be renewable for two other consecutive five-year terms, giving a total of 15 years’ Industrial Design monopoly.
In order to renew the validity of the Industrial Design in Vietnam, the Industrial Design holder shall pay renewal fees within six months before the expiration of the validity term. The payment of the renewal fee may be delayed for no more than six months after the expiration of the current validity term but the Industrial Design holder shall pay the renewal fee plus 10% for each month of delayed payment.
How to renew Industrial Design in Vietnam
2. Required documents for renewal of Industrial Design in Vietnam
According to the provisions of Circular 01/2007/TT-BKHCN, the following documents are required to renew an Industrial Design in Vietnam:
2.1. Application for renewal of Industrial Design in Vietnam;
2.2. Original Industrial Design Certificate (if the applicant wishes to record the renewal on the Certificate);
2.3. Power of attorney (if the application is filed through a representative);
2.4. Receipt of official fees;
2.5. Other documents (if any).
3. Fees for renewal of Industrial Design in Vietnam
In order to renew the validity of Industrial Design in Vietnam, the following breakdowns of renewal fees are applied:
3.1. Examination fee of Application for renewal of Industrial Design in Vietnam: depending on the number of Certificates
3.2. Fee for renewal of Industrial Design in Vietnam; depending on the number of embodiment
3.3. Fee of using the Industrial Design in Vietnam: depending on the number of embodiment
3.4. Fee for registration of the Decision of renewal recordal of Industrial Design in Vietnam: depending on the number of the Decision
3.5. Fee for publication of the Decision of renewal recordal of Industrial Design in Vietnam: depending on the number of the Decision
3.6. Late renewal payment (if any) is 10% for each month of late payment
4. Time frame and procedure for renewal of Industrial Design in Vietnam
There is a grace period for no more than six months after the expiration of the current validity term to pay renewal fees but the Industrial Design holder shall pay the renewal fees plus 10% for each month of delayed payment as described in the Item of Fees above.
The IPVNIP Office of Vietnam (IPVN) shall consider an application for renewal of Industrial Design in Vietnam within one month from the date of receipt of the renewal application and the fees. However, in current practice, it takes from 4 to 6 months.
If the application has no defect, the IPVNshall issue a Decision on renewal recordal, show the recordal on the last page of the Industrial Design Certificate (if the original Certificate was submitted), then register and publish the Decision in the Industrial Property Official Gazette within two months counted from the date of issuance of the Decision.
The IPVNshall issue a Notice of intention of refusal to renew the validity of Industrial Design in Vietnam, clearly stating the reason for refusal and setting a time limit of two months from the date of notice issuance for the applicant to correct defects or make arguments against if the application for renewal of Industrial Design in Vietnam falls into one of the following cases:
i. It is invalid or filed in contravention of the prescribed procedures;
ii. The applicant is not the Industrial Design holder; and
iii. Late payment after grace period.
If within the set time limit the applicant fails to correct the defects or unsatisfactorily corrects the defects, submits no response or unreasonable arguments, the IPVNshall issue a notice of refusal to renew the validity of Industrial Design in Vietnam.
Should you need more information or further advice on Industrial Design in Vietnam, Laos, Cambodia and Myanmar, please do not hesitate to contact us via email at info@ageless.vn
