Applications for international designs may be filed directly or through the Contracting Party`s Industrial Property Office if the contracting party`s law authorizes or requires it. However, in practice, virtually all international applications are filed directly with the International Office and the majority are filed via the electronic registration interface on WIPO`s website. The 1934 Act was frozen on January 1, 2010, so that no new registration or designation under the 1934 Act could be registered on the International Register on that date. However, the renewal of existing denominations under the 1934 Act and the inclusion in the International Register of any changes concerning these denominations remain possible, up to the maximum period of protection of the 1934 Act (15 years). An international registration of the designs can only be obtained by a natural or legal person who has a connection – by establishment, residence, nationality or, according to the 1999 law – with a contracting party to one of the two acts. Any contracting party designated by the applicant may refuse protection within six months or possibly 12 months under the 1999 Act from the date of publication of the international registration. The denial of protection can only be based on other requirements of domestic law than the formalities and administrative acts that must be completed by the contracting party`s body that refuses protection under national law. Facts, figures and analyses of the international registration of industrial models, regulations no longer require applicants to be required to file a complete title, description and postal address, as well as their application, in order to ensure a filing date. On the contrary, the Hague system simply requires the applicant to make it clear that the registration of a commercial design is required, that there is sufficient material to identify the applicant, that there is sufficient contact information for a processing office to contact the customer and that there is a presentation of the design. The Canadian Intellectual Property Office (CIPO) no longer requires the provision of transfer documents with the request to register a transfer of designs, but only the name and address of the transferor, as well as the fee required for registration. However, this only applies if the transfer is requested by the ceding.
If the purchaser makes the application, the evidence remains necessary. The duration of the protection is 15 years from the date of registration. Vietnam made a statement under Article 17, paragraph 3, point c), of the 1999 Act stipulating that the maximum period of protection provided by Vietnamese industrial design legislation is 15 years. Vietnam made the statement under Article 13, paragraph 1 of the 1999 Act, that, under Vietnamese law, only an independent and autonomous design can be claimed in a single international application, except: applications for industrial designs are now made available to the public on the previous day of registration of the design or thirty months after the filing date or priority of the Application. This applies only to applications that are not processed by the Hague system.Uncategorized