KENFOX IP & Law Office > IP Practice  > Industrial Design

Industrial design protection for products under the Hague System – Key to business success in Vietnam

Copying and mimicking the presentation and packaging design of other people's products has become a pretty typical occurrence in many fields. Meanwhile, protection of intellectual property rights (“IP”) for product designs is critical for all businesses since it helps to increase the perceived value of their brand distinctiveness among consumers. This has become even more critical in recent years, as counterfeiting has increased. Establishing intellectual property rights over industrial designs is not straightforward; therefore, before filing an application for protection of an industrial design ("ID"), manufacturers and businesses should consult with IP experts to grasp and comprehend the provisions of...

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Bảo hộ kiểu dáng công nghiệp cho sản phẩm theo Hệ thống La Hay – chìa khóa thành công cho doanh nghiệp tại Việt Nam

Sao chép, bắt chước hình thức trình bày, kiểu dáng bao bì sản phẩm của người khác trở thành hiện tượng khá phổ biến trong nhiều lĩnh vực. Bảo vệ quyền sở hữu trí tuệ (“SHTT”) cho kiểu dáng sản phẩm là vô cùng cần thiết đối với mọi doanh nghiệp và góp phần gia tăng trị số phân biệt thương hiệu của mình trong tâm trí người tiêu dùng. Điều này càng trở nên quan trọng hơn khi hàng giả ngày càng gia tăng trong bối cảnh hiện nay. Việc xác lập quyền SHTT đối với Kiểu dáng công...

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The Hague System: How it Can Benefit Industrial Design Registration

In the current competitive business environment, the outer appearance or design of a product is considered a great advantage which the Owners, from creators to businesses, can take. In view of what the Hague System may benefit the Owners, the international registration of industrial designs is the important step to be initiated by the Owners to protect their commercial interests overseas, and it also constitutes an indispensable part of any global business strategy. Therefore, it is highly advisable that the Owners take prompt action to seek, by way of the Hague System, global protection of their industrial designs, which we...

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Difference between Copyright and Industrial Design Right

Under the Law on Intellectual Property of Vietnam (the IP Law), intellectual property rights mean the rights of organizations and individuals to intellectual assets, including copyright and copyright-related the rights, industrial properly rights and rights to plant varieties. Meanwhile, industrial property rights mean the rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, trade marks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition....

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Industrial Design Or Copyright Protection, Which You May Be Unaware Of?

In a recent court decision, a High People's Court affirmed the decision made by a lower-level court, in INTERLEGO AG v. Tianjin COKO Toy Co., Ltd. regarding copyright infringement of the Lego bricks. In its landmark decision, the high court confirmed industrial designs' dual protection under patent and copyright law as works of applied art....

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To register or to lose, a costly lesson from a typical industrial design dispute in Vietnam

Established in 1884, Piaggio Group is an Italian vehicle manufacturer, which produces a variety of motorized two-wheeled vehicles under various brands such as Piaggio, Vespa, Gilera, Aprilia, Moto Guzzi, Derbi, and Scarabeo. Since establishing a company (“Piaggio Vietnam”) in Vinh Phuc Province, Vietnam in 2007, Piaggio Group has developed a strong commercial presence in the country. After 2 years, Piaggio Vietnam officially put its first factory in operation, which manufactures and assembles two – wheeled motor vehicles on a scale of 50,000-100,000 motorcycles/year. Despite their high price, LX Vespa scooters have quickly adored by Vietnamese motorcycle enthusiasts, especially, the high-income...

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Measures To Deal With Industrial Design Infringement In Vietnam

Subject to the nature and severity of IPR infringement, when an industrial design infringement occurs, the holder may resort to administrative, civil or border control route to fight thereagainst. If the alleged infringing products are found to be imported into Vietnam via customs, priority should be given to recordal of customs supervision for the design patent in Vietnam....

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Main takeaways for seeking protection for industrial designs in Vietnam

Industrial designs serve as an valuable tool for any manufacturer who relies on the outward appearance of their products to attract customers and entice potential buyers to choose their offering over the competition. As such, features protectable as industrial designs can be used both purely as a form of aesthetic enticement, as well as a way to distinguish your products, helping them stand out from a multitude of similar goods. Combating design infringement has never been easy. Design registrations protect against infringers from producing the same goods or products which do not produce a different overall visual impression on an...

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