An industrial design will be registered in Vietnam if it satisfies the conditions for protection, one of them is innovation. Innovation means that pursuant to industrial designs have been disclosed publicly in the form of using or a written description or any others in domestic or abroad prior to the filing date or the priority date of an application for registration of industrial design in case the application is entitled the priority right, the industrial design can not be created easily for a person who has an average knowledge in the relative field.
An industrial design is considered non-innovative if it falls in one of the following cases: The industrial design is a mere combination of merely known shaping features (shaping features that have been disclosed publicly are either arranged or assembled in a simple way such as replacing, changing position, increasing or decreasing the quantity...); The industrial design is a form of copying / simulating a part or whole of the inherent natural form of plants, fruits, animals,...; The shapes of the geometric shapes (circles, ellipses, triangles, squares, rectangles, equilateral polygons, prisms with cross-sections are one in the figures above...) are known widely; The industrial design is a simple simulation of products or works that are famous or known widely in Vietnam or in the world; The industrial design is simulated for an industrial design in another field, if the simulation is widely known in practice (for example, toys are simulated for cars, motorcycles ...).
Actually, an industrial design usually does not meet the innovative condition of the protection because it is a simple combination of known basic shaping features. Thus, an industrial design which satisfies the protection conditions of creative must be created by the author and people who have an average knowledge in the corresponding fields can not create it in an easy way. At that time, the creativity will bring striking improvements in the senses and the art.