The World Intellectual Property Organization (WIPO) announces significant updates regarding the designation of Viet Nam in international industrial design applications under the Hague System.
Changes in Declarations
1. Withdrawn Requirement: Viet Nam has formally withdrawn its declaration under Article 5(2)(a) of the Geneva Act. This means that an international application designating Viet Nam will no longer be required to contain a claim for the protection of the design.
2. Deferment Flexibility: Viet Nam has modified its declaration concerning deferment of publication. Consequently, applicants designating Viet Nam may now request deferment of publication in their international application, with the maximum deferment period being seven months from the filing date.
3. Practical Impact Clarified: WIPO highlights that this modification to the deferment declaration has no practical impact on the publication timeline. All international registrations, including those designating Viet Nam, remain subject to the standard 12-month publication period under the Hague System.
4. Effective Date: These changes to Viet Nam's declarations will take effect on August 21, 2025.
New Feature: Indicating Principal Design and Variants
5. Enhanced Application Form: Starting August 21, 2025, a new feature will be introduced in the Hague System application forms (both eHague and paper form DM/1) specifically for applications designating Viet Nam.
This feature will allow applicants to clearly indicate which design in the application is the principal design and which designs are to be considered its variants at the time of filing.
This change ensures alignment with Vietnamese national legal requirements, which mandate that variants of a principal design must be expressly identified within the design application.
Implications for Users
These updates streamline procedures for applicants seeking industrial design protection in Viet Nam through the international Hague System. The withdrawal of the mandatory protection claim simplifies filing, while the new feature for indicating principal designs and variants ensures compliance with Vietnamese law from the outset. Applicants should note the effective date of August 21, 2025, for these changes.
Source: WIPO Website
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