Nowadays, businesses are particularly focused on protecting brands because making a difference for each product will help consumers easily choose one certain product as well as register intellectual property for packaging to help protect one specific brand. Thus, how is registration of intellectual property for packaging implemented? What are conditions for protective registration? Let’s learn with NPLaw through this article.
In Vietnam, the protection of intellectual property rights is increasingly concerned, especially when Intellectual Property Laws are promulgated. Individuals and organizations have gradually become aware of the importance of the registration of intellectual property for packaging. In reality, however, infringements of intellectual property rights take place extremely promptly and are increasingly widespread. Therefore, businesses always focus on intellectual property registration for packaging to be able to protect their brands.
The provisions of the law on registration of intellectual property for packaging are as follows:
Currently, according to the Intellectual Property Law, the packaging’s protection can be registered in two forms:
+ Industrial design registration
+ Trademark registration
If packaging is simple, the registration should be registered in the form of a trademark. In the case of packaging with many elements and complexities, it is recommended to register in the form of an industrial design.
Article 63 of the Intellectual Property Law 2005 provides that industrial designs are protected if the following conditions are met:
- New;
- Creative;
- Capable of industrial application.
According to Article 72 of the Intellectual Property Law 2005, amended by Clause 20, Article 1 of the amended Intellectual Property Law 2022 stipulates conditions for the registration of trademark protection are as follows:
- There are visible signs in the form of letters, words, drawings, images, holograms or combinations of such elements, represented by one or more colors or sound signs expressed as graphics.
- It is able to distinguish goods and services of the trademark owner from those of other entities.
Usually, there are 02 (two) types of packaging products that are protected the most are industrial designs and trademarks. The procedures for the registration of intellectual property for packaging are as follows:
Step 1: Preparing dossiers according to Article 7 of Circular 01/2007/ TT-BKHCN and Article 100 of the Intellectual Property Law 2005, including:
- Declarations of copyright registration for packaging products are required to declare the correct information of the packaging;
- Product packaging labels that need protection registration;
- A notarized copy of the business license if the Company or Business Household is the owner of the product packaging labels, accompanied by a copy of the authors’ identity card or citizen identity card assigned or hired to creatively design the packaging products; or
- A copy of the identity card or citizen identity card of the authors, who are also the owners of the work;
- Power of attorney;
- Other documents to demonstrate the right to submit copyright registration documents, such as a rental agreement for product packaging designs; decisions on entrusting the designs of product packaging; written agreements of the authors, commitments, declarations of Copyright and work owners;
- Fees and charges for the copyright registration.
Step 2: According to Clause 11, Article 1 of Circular 16/2016/TT-BKHCN, the application may be submitted at the Intellectual Property Office of Vietnam (IP Viet Nam) or other receiving locations established by the Intellectual Property Office of Viet Nam. The application can also be mailed to the aforementioned application receiving locations.
Step 3: According to Article 13 of Circular 01/2007/TT-BKHCN, the Intellectual Property Office of Viet Nam will conduct an appraisal of the application.
Step 4: Making notices of the decisions on issuing protection certificates to the owners if the applications are valid and meet the protection requirements, as well as pay the full fees.
Pursuant to the provisions of Clause 4, Article 93 of the Intellectual Property Law 2005 amended and supplemented 2019, as follows:
- For proprietary industrial designs, the protection duration for exclusive use of product packaging is 05 (five) years from the date of application. After the protection duration of 05 (five) years above, if you still expect to continuously protect the product packaging, you can implement the procedures for renewing the protection certificate. There is the right to renew only 02 (two) consecutive times with a term of 05 (five) years each.
- For certificates of trademark registration that are valid from the date of issuance to the end of 10 (ten) years from the date of application, it is possible to renew consecutively several times, every ten years.
The registration fees for protecting brands are not fixed because they depend on the number of glasses of products or services that organizations or individuals want to register for protection. Therefore, the fees may vary depending on the sizes and scope of protection of the brand in accordance with Circular 263/2016/TT-BTC on the levels of collection, payment, management and use of charges and costs for industrial property.
The fees for submitting the registration application for industrial property rights are:
+ Application fee is 150.000 VND (including separation and conversion applications);
+ The fee required to renew the deadline for answering the notice of the fee collection organization is 120.000 VND (each time allowed to renew);
+ The fee for issuing the protective certificate is 120.000 VND.
In addition, depending on each case, the fees may vary differently.
The above is information that revolves around the registration of intellectual property for packaging. For support as well as information and legal provisions on the registration of intellectual property for packaging, you can contact NPLaw for advice and specific support on legal issues most quickly.
NPLAW
Hotline: 0913449968
Email: legal@nplaw.vn
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