What Is an Industrial Design and Why Protect It in Vietnam

An industrial design protects the appearance of a product rather than how it works. In Vietnam, design rights are granted by the Intellectual Property Office of Vietnam under the Law on Intellectual Property as amended in 2022. This article explains what a design is and why protecting product appearance can be commercially valuable.

What an industrial design protects

An industrial design concerns the visual features of a product, such as its shape, lines, contours, patterns or the arrangement of colours. It protects the way a product looks, not its technical function, which may instead be the subject of a patent. Typical examples include the shape of a bottle, the styling of furniture or the pattern applied to packaging.

To qualify for protection, a design generally needs to be new and to differ meaningfully from designs already known to the public. Because of this, keeping a design confidential before filing is important, as premature disclosure can undermine novelty.

Why protect a design

Protecting the appearance of a product brings several commercial benefits:

• It gives the owner exclusive rights to the protected appearance, helping to prevent look-alike products;
• It supports brand identity where distinctive design is part of how customers recognise a product;
• It creates an asset that can be licensed, assigned or used to attract investment;
• It provides a clearer basis for taking action against copycats.

Design alongside other rights

Design protection often works together with other intellectual property. A product may combine a protected design for its appearance, a patent for a technical feature and a trademark for its branding. Considering these rights together helps build fuller protection around a product.

Frequently asked questions

How is a design different from a patent?

A design protects appearance, while a patent protects a technical invention or how something works.

Does showing my product at a fair affect protection?

Public disclosure before filing can affect novelty. It is generally safer to file before wide disclosure, subject to any applicable grace provisions.

Can I protect appearance and function together?

Yes, through different rights: a design for appearance and, where eligible, a patent for the technical aspect.

How LTV Law helps

LTV Law advises on whether a product's appearance qualifies for design protection and combines design, patent and trademark rights into a coherent strategy; to protect your product, contact our team.

This article is for general information only and does not constitute legal advice.