Current status of Overall vs. Partial Design protection and the Concepts of "Must Match" and "Must Fit" in Vietnam

1. Legal Basis in Vietnam

According to the amended Intellectual Property Law of Vietnam (Amended IP Law 2022), an industrial design is the external appearance of a product or a component used to assemble a complex product, visible during use. The protection criteria include novelty, creativity, and industrial applicability. The protection term is 5 years, renewable twice for a maximum of 15 years.

2. Overall vs. Partial Design Protection in Vietnam

Currently, Vietnam tends to favor the philosophy of overall design protection. Most registered industrial designs cover the entire product as a whole. However, the Amended IP Law 2022 paves the way for partial protection of components, provided such components meet novelty and creativity requirements and are clearly described in the application.

Examples:

– A motorbike manufacturer wants to protect the front mask of the vehicle (not the entire motorbike). If the front mask has unique decorative elements not dictated solely by function, it may be protected separately.

– A thermos flask manufacturer may register the handle separately if it has a distinctive shape, as long as it is not functionally mandatory.

3. "Must Match" and "Must Fit" Concepts

Under Vietnamese law, designs are excluded from protection if the shape is solely determined by technical function ("must match"), or exists solely for mechanical assembly with other products ("must fit").

Examples:

– A gear with teeth designed for mechanical transmission: the shape is considered "must match" due to technical necessity and is not eligible for protection.

– A USB plug: the metal tongue is shaped to fit into the receiving port — this is "must fit" and not protectable.

4. Practical Observations and Recommendations

– Applicants should identify and describe design features that are visually distinctive and not functionally mandatory to enable partial protection.

– Avoid filing for parts that exist solely for function or mechanical fit.

– Consider a combined strategy of overall and partial protection based on product nature.

– For modular products (e.g., toys, smart furniture), it may be possible to protect individual parts by proving their independent creativity even if they are meant to interconnect.