Điều kiện bảo hộ kiểu dáng công nghiệp

Điều kiện bảo hộ kiểu dáng công nghiệp. Kiểu dáng công nghiệp là hình dáng bên ngoài của sản phẩm được thể hiện bằng hình khối, đường nét, màu sắc hoặc có sự kết hợp của các yếu tố trên. Kiểu dáng công nghiệp chỉ được bảo hộ khi đáp ứng đầy đủ các điều kiện sau:

  •  Có tính mới
  • Có tính sáng tạo
  • Có khả năng ứng dụng trong công nghiệp

Các trường hợp đối tượng trong đơn bị coi là không có khả năng ứng dụng trong công nghiệp

  • Đối tượng nêu trong đơn là hình dáng của sản phẩm có trạng thái tồn tại không cố định (các sản phẩm ở thể khí, chất lỏng…);
  • Chỉ có thể tạo ra sản phẩm có hình dáng như đối tượng nêu trong đơn nhờ có kỹ năng đặc biệt hoặc không thể lặp đi lặp lại việc chế tạo ra sản phẩm có hình dáng như đối tượng nêu trong đơn;
  • Các trường hợp với lý do xác đáng khác.

Kiểu dáng công nghiệp nêu trong đơn được coi là mới nếu:

  • Không tìm thấy kiểu dáng công nghiệp đối chứng trong nguồn thông tin tối thiểu bắt buộc;
  • Mặc dù có tìm thấy kiểu dáng công nghiệp đối chứng trong nguồn thông tin tối thiểu bắt buộc nhưng kiểu dáng công nghiệp nêu trong đơn có ít nhất một đặc điểm tạo dáng cơ bản không có mặt trong (không thuộc) tập hợp các đặc điểm tạo dáng cơ bản của kiểu dáng công nghiệp đối chứng.
  • Kiểu dáng công nghiệp đối chứng chính là kiểu dáng công nghiệp nêu trong đơn được công bố/bộc lộ thuộc trường hợp quy định tại khoản 3 và khoản 4 Điều 65 của Luật Sở hữu trí tuệ.

Các trường hợp đối tượng trong đơn bị coi là không có tính sáng tạo

  • Kiểu dáng công nghiệp là sự kết hợp đơn thuần của các đặc điểm tạo dáng đã biết (các đặc điểm tạo dáng đã được bộc lộ công khai được sắp đặt hoặc lắp ghép với nhau một cách đơn thuần như thay thế, thay đổi vị trí, tăng giảm số lượng…);
  • Kiểu dáng công nghiệp là hình dáng sao chép/mô phỏng một phần hoặc toàn bộ hình dáng tự nhiên vốn có của cây cối, hoa quả, các loài động vật…, hình dáng của các hình hình học (hình tròn, hình elíp, hình tam giác, hình vuông, chữ nhật, hình đa giác đều, các hình lăng trụ có mặt cắt là các hình kể trên…) đã được biết rộng rãi;
  • Kiểu dáng công nghiệp là sự sao chép đơn thuần hình dáng các sản phẩm, công trình đã nổi tiếng hoặc được biết đến một cách rộng rãi ở Việt Nam hoặc trên thế giới;
  • Kiểu dáng công nghiệp mô phỏng kiểu dáng công nghiệp thuộc lĩnh vực khác, nếu sự mô phỏng đó đã được biết đến rộng rãi trên thực tế (ví dụ: đồ chơi mô phỏng ô tô, xe máy…).

265 thoughts on “Điều kiện bảo hộ kiểu dáng công nghiệp

  1. Khách says:

    We have 20+ years experience in the IT industry especially eCommerce. We believe in building long-term relationships and making certain that our clients succeed in all their goals because their success is our success.

  2. Business News says:

    I have been exploring for a bit for any high quality articles or weblog posts in this sort of area . Exploring in Yahoo I eventually stumbled upon this site. Reading this info So i am happy to convey that I have an incredibly good uncanny feeling I found out exactly what I needed. I most for sure will make sure to don¡¦t disregard this web site and give it a glance on a constant basis.

  3. tu van thanh lap doanh nghiep says:

    Whoa! This blog looks just like my old one! It as on a entirely different subject but it has pretty much the same page layout and design. Wonderful choice of colors!

  4. tinyurl.com says:

    Unquestionably believe that which you said. Your favorite reason seemed to be on the internet the simplest thing to be aware of.
    I say to you, I certainly get annoyed while people think about worries that they plainly do
    not know about. You managed to hit the nail upon the top as well as
    defined out the whole thing without having side-effects
    , people can take a signal. Will probably be back to get more.
    Thanks

  5. coeur d alene window cleaners says:

    whoah this blog is excellent i love reading your articles. Keep up the good work! You know, a lot of people are looking around for this information, you can aid them greatly.

  6. Muslim countries says:

    The Birch of the Shadow I feel there may possibly become a couple of duplicates, but an exceedingly handy list! I have tweeted this. Several thanks for sharing!

  7. computer recycling companies says:

    Good blog post. What I would like to bring up is that computer system memory is required to be purchased should your computer is unable to cope with that which you do by using it. One can add two random access memory boards with 1GB each, as an example, but not certainly one of 1GB and one having 2GB. One should look for the manufacturer’s documentation for own PC to be certain what type of storage is required.

  8. computer disposal companies says:

    A few things i have seen in terms of personal computer memory is there are requirements such as SDRAM, DDR or anything else, that must match the requirements of the motherboard. If the computer’s motherboard is pretty current while there are no computer OS issues, modernizing the memory literally usually takes under a couple of hours. It’s one of several easiest laptop or computer upgrade techniques one can think about. Thanks for discussing your ideas.

  9. bulk computer disposal says:

    I in addition to my buddies were looking at the excellent secrets from the blog while all of the sudden I got an awful suspicion I had not thanked the site owner for them. My young boys came totally glad to see them and have certainly been using them. Appreciate your actually being indeed kind and then for pick out some fabulous areas most people are really eager to discover. My honest apologies for not saying thanks to earlier.

  10. weee disposal says:

    I loved as much as you will receive carried out right here. The sketch is attractive, your authored subject matter stylish. nonetheless, you command get bought an nervousness over that you wish be delivering the following. unwell unquestionably come more formerly again since exactly the same nearly a lot often inside case you shield this increase.

  11. computer recycling says:

    certainly like your website however you have to test the spelling on several of your posts. A number of them are rife with spelling issues and I in finding it very troublesome to inform the truth on the other hand I will definitely come again again.

  12. money earning says:

    What as Happening i am new to this, I stumbled upon this I have found It absolutely helpful and it has aided me out loads. I hope to contribute & aid other users like its helped me. Great job.

  13. โรงงานผลิตสบู่ says:

    Right now it looks like BlogEngine is the best blogging platform out there right now. (from what I ave read) Is that what you are using on your blog?

  14. พี่เลี้ยงเด็ก says:

    It as not that I want to duplicate your web-site, but I really like the style and design. Could you let me know which style are you using? Or was it custom made?

  15. desconto says:

    Very nice info and right to the point. I am not sure if this is really the best place to ask but do you people have any thoughts on where to hire some professional writers? Thank you

  16. Pingback: c39wym64xve6ccyetmcw45t4tno4t

  17. Shawn Kulcona says:

    You really make it seem so easy with your presentation but I find this topic to be really something which I think I would never understand. It seems too complicated and extremely broad for me. I’m looking forward for your next post, I’ll try to get the hang of it!

  18. kitchen remodel cost says:

    Magnificent goods from you, man. I’ve understand your stuff previous to and you are just extremely wonderful. I actually like what you have acquired here, certainly like what you’re stating and the way in which you say it. You make it enjoyable and you still take care of to keep it sensible. I can’t wait to read far more from you. This is really a wonderful website.

  19. montana finance insurance premium says:

    Wow, superb blog format! How long have you ever been blogging for? you made running a blog glance easy. The entire glance of your site is fantastic, let alone the content!

  20. for more information says:

    This site may Hi there! I just wish to give an enormous thumbs up for the nice info you?ve right here on this post. I shall be coming again to your blog for extra soon.

  21. bioset therapy says:

    This is very interesting, You are a very skilled blogger. I ave joined your rss feed and look forward to seeking more of your wonderful post. Also, I have shared your site in my social networks!

  22. dust tube tornado says:

    I was suggested this web site by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my problem. You are amazing! Thanks!

  23. red bathroom accessories says:

    Usually I don at learn article on blogs, however I would like to say that this write-up very pressured me to take a look at and do it! Your writing taste has been amazed me. Thanks, quite great post.

  24. all payday loans online says:

    Merely a smiling visitant here to share the love (:, btw great layout. Everything should be made as simple as possible, but not one bit simpler. by Albert Einstein.

  25. wrongful termination California says:

    It is really a nice and useful piece of information. I am glad that you shared this helpful info with us. Please keep us up to date like this. Thanks for sharing.

  26. سكس says:

    You have remarked very interesting points ! ps nice site. аАа’аАТ‚аЂТ˜We are always lucky, a I said and like a fool I did not knock on wood. by Ernest Hemingway.

  27. league of legend rp hack says:

    You made some good points there. I checked on the internet to learn more about the issue and found most people will go along with your views on this web site.

  28. www.babylongirls.co.uk says:

    You ave made some really good points there. I looked on the internet for additional information about the issue and found most people will go along with your views on this website.

  29. Home Improvement says:

    Thank you a lot for providing individuals with such a nice chance to check tips from here. It really is very cool plus jam-packed with a great time for me personally and my office friends to visit your blog not less than thrice every week to study the newest stuff you will have. And definitely, we are certainly astounded with your fantastic things served by you. Some 1 tips in this post are without a doubt the most impressive we’ve had.

  30. best drone 2017 in USA says:

    What as up everybody, here every person is sharing such knowledge, therefore it as nice to read this blog, and I used to pay a quick visit this website everyday.

  31. SuperLotto Plus says:

    Your posts customarily consist of a correct amount of truly up to date information. Everyplace accomplish you extend up with this? Emphatically declaring you are fantastically creative. Thanks again

  32. Healthy says:

    Great – I should definitely pronounce, impressed with your web site. I had no trouble navigating through all the tabs as well as related information ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Quite unusual. Is likely to appreciate it for those who add forums or anything, website theme . a tones way for your client to communicate. Nice task.

  33. fiddle leaf fig propagate says:

    Keep up the excellent piece of work, I read few blog posts on this website and I conceive that your web site is really interesting and has got circles of great information.

  34. Best Las Vegas SEO says:

    IaаАа’б‚Т€ТšаЂаŒаАа’б‚Т€ТžаБТžd ought to seek advice from you here. Which is not something I do! I love reading an article that could make individuals feel. Also, several thanks permitting me to comment!

  35. funerals says:

    Thanks for your posting. I have generally observed that the majority of people are desirous to lose weight because they wish to look slim and attractive. However, they do not usually realize that there are other benefits so that you can losing weight as well. Doctors say that over weight people have problems with a variety of conditions that can be perfectely attributed to their excess weight. Fortunately that people who sadly are overweight plus suffering from different diseases can help to eliminate the severity of their own illnesses by losing weight. It is easy to see a continuous but notable improvement with health as soon as even a small amount of weight loss is reached.

  36. michael kors outlet says:

    I actually wanted to compose a quick comment to express gratitude to you for these amazing concepts you are posting at this website. My rather long internet look up has at the end been compensated with professional details to exchange with my family members. I ‘d assume that we visitors are unequivocally lucky to dwell in a magnificent place with very many wonderful professionals with good hints. I feel quite grateful to have seen the web site and look forward to many more enjoyable moments reading here. Thanks a lot again for all the details.

  37. yeezy boost says:

    I truly wanted to type a remark to express gratitude to you for those great strategies you are giving out on this site. My extended internet lookup has finally been paid with professional concept to share with my neighbours. I ‘d point out that most of us site visitors actually are quite blessed to exist in a wonderful community with so many perfect individuals with great guidelines. I feel quite fortunate to have encountered your entire webpage and look forward to plenty of more fabulous minutes reading here. Thanks once more for all the details.

  38. Ronny says:

    Soon after study some of the weblog posts in your site now, and I really like your way of blogging. I bookmarked it to my bookmark site list and are going to be checking back soon. Pls have a look at my website at the same time and let me know what you believe.

  39. Fashion says:

    Hiya very cool website!! Man .. Beautiful .. Superb .. I will bookmark your blog and take the feeds additionally…I am glad to seek out a lot of useful information here in the publish, we need work out extra techniques on this regard, thank you for sharing.

  40. michael kors outlet store says:

    I really wanted to post a brief remark in order to express gratitude to you for the superb ideas you are posting on this site. My extended internet look up has finally been rewarded with awesome concept to exchange with my contacts. I ‘d say that most of us readers actually are truly endowed to live in a perfect site with many marvellous people with beneficial basics. I feel somewhat happy to have seen your entire web page and look forward to plenty of more cool moments reading here. Thanks a lot once more for everything.

  41. mercedes benz kompressor says:

    Hmm it appears like your site ate my first comment (it was super long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I too am an aspiring blog writer but I’m still new to everything. Do you have any tips and hints for first-time blog writers? I’d definitely appreciate it.

  42. longchamp says:

    Needed to post you one tiny note to give thanks again for your spectacular suggestions you’ve discussed at this time. This has been really strangely generous with you to supply extensively what a number of us would have offered for an e book to end up making some cash for their own end, mostly seeing that you could have tried it in the event you desired. The suggestions in addition served like the great way to understand that other people online have the same fervor just like my own to grasp more and more related to this problem. Certainly there are thousands of more enjoyable instances ahead for those who take a look at your website.

  43. Brendon Peel says:

    I do accept as true with all of the ideas you’ve offered on your post. They are extremely convincing and will certainly function. Nonetheless, the posts are too short for beginners. Could you please prolong them just a little from next time? Thanks for the post.

  44. INNOVATION says:

    Woman of Alien Great perform you have got done, this great site is admittedly great with great facts. Time is God as strategy for trying to keep anything from taking place directly.

  45. JavaScript Stock Charts says:

    this excellent applying. After my best spouse in addition to i dugg an variety of individuals post while cogitated everybody were thinking regarding useful practical

  46. air jordans says:

    Thanks a lot for giving everyone such a splendid opportunity to read critical reviews from this web site. It can be so pleasant and also jam-packed with amusement for me personally and my office co-workers to visit your blog at the least 3 times in one week to read the new stuff you will have. Not to mention, I’m so usually impressed with your impressive thoughts you give. Certain 1 areas in this posting are in fact the most beneficial we have ever had.

  47. Unifix Cubes says:

    I’m really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you modify it yourself? Anyway keep up the nice quality writing, it is rare to see a nice blog like this one these days..

  48. Travel says:

    Excellent read, I just passed this onto a colleague who was doing some research on that. And he actually bought me lunch because I found it for him smile Thus let me rephrase that: Thanks for lunch! “Remember It is 10 times harder to command the ear than to catch the eye.” by Duncan Maxwell Anderson.

  49. yeezy boost 350 says:

    I not to mention my buddies were actually checking out the best key points on the website while suddenly I had a terrible suspicion I never expressed respect to the blog owner for them. Most of the people came passionate to study all of them and already have simply been loving those things. Thank you for getting considerably considerate and then for making a decision on variety of incredibly good areas most people are really desirous to learn about. My personal honest apologies for not expressing gratitude to earlier.

  50. travel says:

    Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you could do with some pics to drive the message home a little bit, but instead of that, this is excellent blog. An excellent read. I’ll certainly be back.

  51. tech says:

    I¡¦ll right away snatch your rss as I can’t to find your email subscription hyperlink or e-newsletter service. Do you’ve any? Please permit me recognize in order that I could subscribe. Thanks.

  52. free games says:

    I loved as much as you’ll receive carried out right here. The sketch is tasteful, your authored material stylish. nonetheless, you command get bought an shakiness over that you wish be delivering the following. unwell unquestionably come further formerly again since exactly the same nearly very often inside case you shield this increase.

  53. social media advertising says:

    Keep the excellent function, I study few websites on this amazing site and My partner and i conceive that your web site is actually interesting and possesses lots involving excellent info.

  54. social media management services says:

    It as difficult to It as difficult to find knowledgeable folks with this topic, however you sound like do you know what you are dealing with! Thanks

  55. oral says:

    Thank you a bunch for sharing this with all folks you actually realize what you are talking about! Bookmarked. Please also talk over with my site =). We may have a link exchange agreement between us!

  56. Must Hai Dekhna says:

    Thank you, I have recently been looking for information about this topic for ages and yours is the best I have discovered till now. But, what about the conclusion? Are you sure about the source?

  57. Gale says:

    I’m usually to running a blog and i really appreciate your content. The article has really peaks my interest. I’m going to bookmark your site and maintain checking for brand spanking new information.

Trả lời

Email của bạn sẽ không được hiển thị công khai. Các trường bắt buộc được đánh dấu *