An industrial design shall be protected when it satisfies the following conditions:
- Being new: An industrial design shall be considered new if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form,inside or outside the country,prior to the filing date or the priority date,as applicable,of the industrial design registration application.
- Being creative: An industrial design shall be considered creative if,based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form,inside or outside the country,before the filing date or the priority date,as applicable,of the industrial design registration application,it cannot be easily created by a person with average knowledge in the art.
- Being susceptible of industrial application: An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.
In order to obtain right for industrial design in Viet Nam,you must file the application for granting an industrial design patent,directly or by mail,to the National Office of Intellectual Property of Viet Nam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.