Industrial design refers to the appearance of a product or its components arranged to be assembled into a complex product. However, not all objects are protected as Industrial Designs.
According to the provisions of Article 64 of the Intellectual Property Law, objects that are not protected as industrial designs:
- Examples: Circular shape of a wheel, spiral shape of a screw, flat surface of a CD, two ends of a sewing needle, L-shape of angle bars,...
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- Civil or industrial construction works are not protected under industrial design due to their lack of industrial applicability. Identical construction works cannot be mass-produced from their shape to materials, equipment, and interior furnishings. The design drawings of these constructions hold only aesthetic value and may be protected under copyright.
- Examples: Houses, bridges, skyscrapers, stadiums,...
- However, if the product is a modular house frame that can be assembled and moved, it may still be protected as an industrial design.
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- Examples: Shape of toothpaste inside the tube, engine components, pills inside blister packs, batteries inside casings,...
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- Examples: National flags, emblems of international organizations like the United Nations, emblems of governmental organizations,...
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- Examples: Products with offensive or socially unacceptable designs that contradict cultural and ethical norms.
These are the categories of objects that do not qualify for industrial design protection under Vietnamese law.
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