How to use Hague System for filing design applications from Vietnam
On September 30, 2019, the Government of Viet Nam deposited its instrument of accession to the Geneva Act (1999) of the Hague Agreement. The accession of Viet Nam to the Geneva Act (1999) brings the number of Contracting Parties to the Geneva Act to 61 and the total number of Contracting Parties to the Hague Agreement to 71.
Many activities to raise public awareness of the Hague agreement have been conducted by IP Vietnam, including provision of guidelines.
Guidelines on the Hague agreement aspects provided IP Vietnam
To further support clients, individuals, organizations and enterprises whose applications were designated Vietnam under the Hague agreement to take the benefits of such agreement to speed up process of acquiring the protection in Vietnam, IPHOUSE & ASSOCIATES kindly provide our clients a couple of common notifications of refusal which are issued by IP Vietnam. The result is in principle based on one-year period.
1. Description deficiency
One of the most common deficiencies arisen in IP Vietnam Office Actions (OAs) is related to the Description. The requirement of description submission is based on 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)
2. Multiple designs in a single design application
This is not permitted (restriction requirement will be issued) and divisional application(s) may therefore be required.
In other words, requiring an application for registration of only one industrial design is adopted, except where the application is submitted for multiple variants the same industrial design or for a set of products.
3. Drawings/photos deficiency
Notification of refusal on the ground of not being sufficient to fully disclose the industrial design may be issued if a perspective view of the industrial design or (one of) six orthogonal views (front, back, top, bottom, right side and left side views) of the industrial design are not provided.
4. Partial industrial design protection mechanism
Such a mechanism has not been allowed yet. Further more, notification of refusal shall be issued if the reproductions and/or the description include the disclaimer.