In this update, we would like to bring your attention to a crucial development concerning Hague Design applications designated in Vietnam.
The Hague Agreement Concerning the International Registration of Industrial Designs entered into force in Vietnam on December 30, 2019. Since then, the number of Hague Design designated in Vietnam has been increasing. However, from that time until the amended Intellectual Property Law takes effect (January 1, 2023), Vietnam lacks legal documents regulating the process and procedures for examining these applications. This cause to some difficulties in the examination process of Hague Design applications designating Vietnam.
To address this, Decree 65/2023/ND-CP, which went into force on August 23, 2023 (Decree 65), has introduced a new section on the filing and processing of Hague International design applications, including detailed regulations on the handling of Hague applications designating Vietnam. Under new regulation Article 24.8 of Decree 65 issued, the owner of Hague design application designated in Vietnam must submit the paper priority document directly to Intellectual Property Office of Vietnam (IPVN) within 03 months from the publication date. Failure to submit the priority document within this timeframe, the application shall be refused the priority right.
If you are considering submitting priority documents for Hague Design application in Vietnam, please do not hesitate to contact us via email info@big5law.com
