Logos, product packaging, brand identity systems, graphic designs, fashion designs, decorative works, and other commercially applied designs are not merely aesthetic elements. In many cases, they are valuable intellectual property assets that contribute directly to brand recognition, product differentiation, and market value.
These designs are commonly used on products, websites, social media, advertising materials, retail systems, and commercial premises. Because they are visually accessible and relatively easy to reproduce, they are also frequently involved in disputes concerning unauthorized copying, imitation, ownership, and use by former employees, freelance designers, or external agencies.
Under Vietnamese intellectual property law, many creative designs with practical application may qualify for protection as applied art works.
Although copyright generally arises automatically upon creation and fixation of the work, copyright registration for applied art works remains an important legal measure for establishing evidence of authorship, ownership, and the protected work.
This article by A.D.V.N Law Company Limited provides a practical guide to copyright registration for applied art works in Vietnam under the regulations applicable in 2026.
Logos, product packaging, brand identity systems, graphic designs, fashion designs, decorative works, and other commercially applied designs are not merely aesthetic elements. In many cases, they are valuable intellectual property assets that contribute directly to brand recognition, product differentiation, and market value.
These designs are commonly used on products, websites, social media, advertising materials, retail systems, and commercial premises. Because they are visually accessible and relatively easy to reproduce, they are also frequently involved in disputes concerning unauthorized copying, imitation, ownership, and use by former employees, freelance designers, or external agencies.
Under Vietnamese intellectual property law, many creative designs with practical application may qualify for protection as applied art works.
Although copyright generally arises automatically upon creation and fixation of the work, copyright registration for applied art works remains an important legal measure for establishing evidence of authorship, ownership, and the protected work.
This article by A.D.V.N Law Company Limited provides a practical guide to copyright registration for applied art works in Vietnam under the regulations applicable in 2026.
Under Vietnamese copyright law, an applied art work is generally understood as a work expressed through lines, colors, shapes, forms, and composition, having practical utility, capable of being attached to or incorporated into a useful object, and capable of being produced by hand or industrial methods.
Applied art works may include:
- Graphic designs;
- Logos and visual symbols;
- Brand identity systems;
- Product packaging designs;
- Character designs;
- Fashion designs;
- Decorative designs;
- Artistic designs incorporated into product shapes;
- Interior designs;
- Interior decorations;
- Artistic exterior decorations.
Accordingly, the scope of applied art works is broad and closely connected with branding, advertising, manufacturing, retail, and product development.
In practice, the following types of works are frequently considered for copyright registration as applied art works.
2.1. Logos and visual symbols
A logo containing creative graphic elements, composition, lines, colors, or stylization may qualify for copyright protection.
Examples include:
- Corporate logos;
- Product logos;
- App logos;
- Brand symbols;
- Event logos;
- Organizational emblems.
2.2. Product packaging
The visual presentation of product packaging may include a creative combination of:
- Images;
- Lines;
- Colors;
- Layout;
- Decorative elements;
- Specially designed lettering.
Packaging used for coffee, cosmetics, food, beverages, pharmaceuticals, and consumer products may therefore be considered for copyright registration if the applicable requirements are satisfied.
2.3. Brand identity systems
A brand identity system may include designs such as:
- Logos;
- Business cards;
- Letterheads;
- Envelopes;
- Folders;
- Bags;
- Boxes;
- Uniforms;
- Signage;
- Other brand-related graphic materials.
Depending on the structure and relationship among the elements, it may be necessary to determine whether the materials should be filed as a single work or as separate works.
2.4. Character designs
The visual appearance of a character expressed through lines, colors, shapes, and composition may qualify as an applied art work.
This may be particularly relevant for:
- Advertising companies;
- Businesses using mascots;
- Game developers;
- Toy manufacturers;
- Children's product businesses;
- Brand owners using commercial characters.
2.5. Fashion designs
Creative designs applied to clothing, footwear, accessories, and other fashion products may also be considered under copyright law where the requirements for protection are met.
2.6. Decorative, interior, and exterior designs
Creative decorative works used in restaurants, retail stores, showrooms, commercial spaces, interiors, exteriors, or products may also fall within the scope of applied art works.
To qualify for copyright protection, the work must first be directly created by the author through his or her own intellectual effort and must not be copied from another work.
The fact that a company is using a design commercially does not, by itself, establish copyright ownership.
It is therefore important to determine:
- Who directly created the design?
- When was the work created?
- Was the work copied from another source?
- Has the work been expressed in a tangible form?
- Who owns the copyright?
For applied art works, copyright protects the original creative expression, such as the arrangement of lines, colors, shapes, forms, and composition.
Copyright does not independently protect abstract ideas, concepts, methods, design styles, or general artistic themes.
Copyright generally arises when the work is created and expressed in a material form, regardless of whether:
- The work has been published;
- The work has been commercially used;
- The work has been registered.
Accordingly, registration is not a condition for copyright to exist.
However, in actual disputes, the issue is often not merely whether a party has copyright, but whether that party can effectively prove its rights.
A Copyright Registration Certificate may serve as important documentary evidence regarding:
- The registered work;
- The author;
- The copyright owner;
- The date of completion;
- The publication status of the work.
For commercially valuable designs, early registration is therefore highly advisable.
Establishing evidence of ownership
When a logo or packaging design is copied, one of the first legal questions is:
Who owns the rights in the design?
Copyright registration creates an official record of the work, author, and copyright owner.
Supporting enforcement against copying
Where a competitor reproduces or imitates the protected expression of a logo, packaging, or other design, the copyright owner may consider enforcement measures under intellectual property law.
A Copyright Registration Certificate can make it easier to establish the claimant's legal standing and rights.
Clarifying rights between businesses and designers
Businesses commonly engage:
- In-house designers;
- Freelancers;
- Advertising companies;
- Branding agencies;
- Packaging design firms.
The party paying for a design should not automatically assume that it owns all copyright rights.
The relevant contracts and copyright transfer documents should be reviewed before filing.
Supporting commercial transactions
Copyright in a design may be:
- Assigned;
- Licensed;
- Commercially exploited;
- Included in cooperation agreements;
- Considered in intellectual property valuation;
- Reviewed in legal due diligence.
The author is the individual who directly creates the work.
For example, an employee who personally creates a logo may be the author, even though the company may own certain copyright rights under applicable law or contract.
Businesses should therefore distinguish between:
Author and copyright owner.
A legal entity such as a company may be the copyright owner, but it is not the natural person who directly created the work.
Likewise, a company director or legal representative does not automatically become the author merely because he or she approved the final design.
This is a particularly important practical issue.
Where the design is created by an employee
If the work is created by an employee in the course of duties assigned by the company, the following documents should be reviewed:
- Employment contract;
- Job description;
- Work assignment decision;
- Emails or written instructions;
- Handover records;
- Internal intellectual property policies.
These documents help establish the legal basis for the company's ownership.
Where the design is created by a freelancer
The agreement should clearly address:
- The commissioned work;
- Copyright ownership;
- Scope of transferred rights;
- Right to modify the design;
- Commercial use rights;
- Right to file copyright applications;
- Right to file trademark applications;
- Obligation to deliver original design files;
- Restrictions on reuse or transfer to third parties.
Where the design is created by a branding agency
The client should carefully review the service agreement.
Payment of the design fee does not always mean that all intellectual property rights have been transferred.
Some agreements only grant the client a right to use the design without fully assigning copyright.
Before filing, the chain of title should therefore be reviewed carefully.
The exact requirements depend on the circumstances of each case, but a typical application may include the following.
8.1. Copyright registration application form
From 2026, applied art works are subject to a specific application form for this category of work.
The application should generally include:
- Title of the work;
- Date of completion;
- Publication status;
- Author information;
- Copyright owner information;
- Legal basis of ownership;
- Description of the work;
- Relevant information concerning the creation process as required by the applicable form.
The information in the application must be consistent with the copy of the work and ownership documents.
8.2. Copy of the applied art work
The work should be reproduced clearly on A4 paper, accurately showing:
- Composition;
- Lines;
- Colors;
- Shapes and forms;
of the entire work.
This is one of the most important components of the application because the submitted copy identifies the work for which registration is sought.
The applicant should avoid submitting images that are:
- Blurred;
- Incorrect in color;
- Cropped;
- Inconsistent with the actual design;
- Too low in resolution.
8.3. Explanation of foreign-language elements
Where the work contains words or characters in a language other than Vietnamese, the required information should be provided, including transliteration and translation where applicable.
Where the work contains numerals other than Arabic or Roman numerals, conversion may also be required.
This is particularly relevant to:
- Chinese-character logos;
- Japanese-language designs;
- Korean-language designs;
- Multilingual packaging;
- Designs containing special characters.
8.4. Documents relating to the author and copyright owner
Depending on the case, supporting documents may be required to identify:
- The individual author;
- The individual copyright owner;
- The corporate copyright owner;
- Joint authors;
- Joint copyright owners.
8.5. Documents proving copyright ownership
Where the applicant is not also the author, an appropriate legal basis for ownership should be documented.
Supporting documents may include:
- Work assignment decisions;
- Commissioned design agreements;
- Employment contracts and work assignment documents;
- Copyright assignment agreements;
- Inheritance documents;
- Gift agreements;
- Other documents proving lawful acquisition of copyright.
8.6. Consent of joint authors or joint copyright owners
Where the work has multiple authors or owners, the application should be reviewed to ensure that the required consent and supporting documents are properly prepared.
8.7. Power of Attorney
Where the application is filed through a representative, an appropriate Power of Attorney should be submitted.
For applied art works, the copy of the work should be prepared particularly carefully.
The specimen should:
- Show the entire work;
- Be of good image quality;
- Accurately reproduce the colors;
- Maintain the correct proportions;
- Avoid hidden or obstructed elements;
- Be consistent with the title and description in the application.
For example, where copyright registration is sought for a packaging design, it should be clearly determined whether the work consists of:
- The front design only;
- The overall packaging layout;
- A product label;
- Or a complete design composed of multiple elements.
Failure to define the protected work clearly at the filing stage may result in a registration certificate that does not properly reflect the design the business actually wishes to protect.
No.
This is one of the most common misunderstandings among businesses.
A logo may potentially be protected under more than one intellectual property regime.
Copyright
Copyright protects the original creative expression of the logo as an applied art work where the applicable requirements are met.
Trademark
Trademark law protects signs used to distinguish the goods or services of one business from those of others.
For example, if a company uses an “ABC” logo for coffee products, copyright registration of the logo does not mean that the company has obtained exclusive trademark rights to “ABC” for coffee products.
If the logo functions as a commercial identifier, the business should consider filing a trademark application with the Intellectual Property Office of Vietnam.
For important logos, an effective strategy is often:
Copyright registration + Trademark registration.
The two forms of protection serve different legal purposes and may complement each other.
Not necessarily.
A packaging design or product appearance may, in some cases, be relevant to several intellectual property regimes at the same time, including:
- Copyright in an applied art work;
- Industrial design rights;
- Trademark rights;
- Or a combination of these rights.
Copyright
Copyright focuses on the original visual expression, including lines, colors, shapes, and composition.
Industrial design
Industrial design protection focuses on the external appearance of a product or a part intended to be assembled into a complex product and is subject to separate statutory requirements.
Importantly, industrial design protection involves a novelty requirement.
Businesses should therefore consider industrial design protection before publicly launching or broadly disclosing the product.
For valuable packaging or product designs, the protection strategy should be assessed at an early stage.
Yes, provided that the relevant subject matter satisfies the requirements of each form of protection.
For example, a cosmetics package may include:
- Logo → copyright and trademark protection;
- Illustration → copyright protection;
- Distinctive bottle shape → industrial design protection;
- Product name → trademark protection;
- Graphic layout of the box → copyright protection;
- Innovative technology embodied in the product → potentially patent protection if the statutory requirements are satisfied.
Businesses should therefore not ask only: “Can this design be copyrighted?”
A more effective question is: “Which intellectual property right is most appropriate for each component of the product?”
This approach provides stronger and more commercially useful intellectual property protection.
In principle, copyright does not depend on whether a work has already been published or commercially used.
Accordingly, prior use of a logo does not automatically prevent copyright registration.
However, for a logo that has been used for a long period, the business should carefully consider:
- Who created the original design?
- Is there still evidence of the creation process?
- Does the company have a copyright assignment agreement?
- Has the logo been modified over time?
- Which version is being registered?
- Have other parties used the design?
The longer registration is delayed, the more difficult it may become to reconstruct the history of creation and ownership.
The use of artificial intelligence in the design process has become an increasingly important issue in 2026.
The mere use of AI does not necessarily mean that the resulting work is excluded from copyright protection.
However, the level of human creative contribution must be assessed.
Human contribution may include:
- Developing the creative concept;
- Defining the design direction;
- Preparing design instructions;
- Giving structured prompts or inputs to an AI system;
- Selecting outputs;
- Editing lines and shapes;
- Changing colors;
- Rearranging visual elements;
- Combining multiple elements;
- Finalizing the work.
Where AI tools are used extensively, the applicant should consider retaining records showing the creation process and the decisive role of human contribution in producing the final work.
The procedure may generally be summarized as follows.
Step 1: Identify the correct category of work
The first step is to determine whether the design is suitable for registration as an applied art work.
At the same time, the applicant should consider whether trademark or industrial design protection is also appropriate.
Step 2: Identify the author
The individual who directly created the work should be correctly identified.
Where several persons participated in the creation process, it is necessary to determine whether they qualify as joint authors.
Step 3: Identify the copyright owner
It should be determined whether the owner is:
- The author;
- The employer that assigned the work;
- The commissioning party;
- An assignee;
- Or another person with a lawful basis of ownership.
Step 4: Prepare the copy of the work
The copy should clearly reproduce the complete design with accurate composition, colors, lines, shapes, and forms.
Step 5: Prepare ownership documents
Depending on the case, this may include employment documents, work assignment records, commissioned work agreements, or copyright assignment documents.
Step 6: Complete and file the application
The application is prepared in accordance with the applicable forms and legal requirements and submitted to the competent authority.
Step 7: Monitor the application
Where the application is incomplete or inconsistent, the authority may request amendment or supplementation.
Step 8: Obtain the Copyright Registration Certificate
Where the application satisfies the applicable requirements, a Copyright Registration Certificate for the applied art work will be issued.
Copyright applications are examined within the statutory time limits applicable from the date on which a valid application is received.
In practice, the process may take longer where:
- Required documents are missing;
- Author information is inconsistent;
- Ownership has not been properly established;
- The specimen does not satisfy filing requirements;
- Foreign-language elements have not been properly explained;
- Copyright assignment documents are insufficient;
- The application requires amendment or supplementation.
Preparing the application correctly from the outset can therefore help reduce unnecessary delays.
Incorrect classification of the work
Not every image or design automatically qualifies as an applied art work.
The nature of the work should be properly assessed before filing.
Naming the company as the author
A company may own copyright, but the author must be the individual who directly created the work.
Lack of evidence supporting the company's ownership
This commonly occurs where a logo was created by an employee, freelancer, or external agency.
Poor-quality work specimen
Blurred, incorrectly colored, cropped, or incomplete images may create difficulties in identifying the protected work.
Inconsistent title of the work
The title should be consistent across the application form, employment documents, agreements, and specimen.
Failure to explain foreign-language content
Logos and packaging often contain English, Chinese, Japanese, Korean, or other foreign-language elements. These should be properly addressed in the application.
Relying only on copyright while ignoring trademarks or industrial designs
This may be a significant strategic mistake where the business intends to protect its product or brand in the marketplace.
Copyright does not replace the entire industrial property protection system.
The duration of copyright protection is determined in accordance with the applicable provisions of Vietnamese intellectual property law.
For applied art works, economic rights and certain moral rights are protected for the statutory term applicable to this category of work, calculated from publication or fixation in the relevant circumstances.
Certain moral rights, including the right to be named as the author and the right to protect the integrity of the work, are subject to separate rules.
Because copyright protection may last significantly longer than certain industrial property rights, copyright registration can play an important role in the long-term protection of valuable commercial designs.
Can a logo be registered for copyright?
Yes, provided that the logo qualifies as a protectable work and contains sufficient original expression.
Can a word-only logo be copyrighted?
This depends on the manner in which the wording is presented.
A simple word or phrase should not automatically be regarded as a copyright-protected work. However, where the lettering is incorporated into a sufficiently creative graphic design, the overall visual work may be considered for protection.
For brand names, trademark registration is generally particularly important.
Can product packaging be copyrighted?
Yes, where the visual expression of the packaging qualifies as an applied art work and satisfies the relevant copyright requirements.
Can the same logo be protected by both copyright and trademark?
Yes. For commercially important logos, this is often advisable.
Does copyright registration give exclusive rights to the brand name?
No. If the objective is to obtain exclusive rights over a sign used to distinguish goods or services, trademark registration should be considered.
Can a company register a design created by a former employee?
Possibly, provided that the company has sufficient evidence establishing its copyright ownership.
Employment terms, work assignments, contractual provisions, and other supporting documents should be reviewed.
What if an agency created the design but the agreement contains no copyright assignment clause?
The entire contractual relationship and transaction history should be reviewed to determine the parties' rights before filing.
The client should not automatically assume ownership merely because the design fee was paid.
Can an unpublished design be registered?
Yes. Publication is not a prerequisite for copyright registration.
For logos, packaging, brand identity systems, and commercial designs, the legal issue is not merely whether a copyright application can be filed, but whether the scope of protection and ownership structure are properly established.
A.D.V.N Law Company Limited assists clients with:
- Assessing whether a design qualifies as an applied art work;
- Identifying the appropriate category of work;
- Identifying authors and copyright owners;
- Reviewing design agreements, employment contracts, and agency agreements;
- Advising on evidence of copyright ownership;
- Preparing the specimen of the work;
- Drafting and completing copyright registration applications;
- Representing clients before the competent authorities;
- Responding to amendment or supplementation requests;
- Advising on copyright assignment and licensing;
- Assisting with disputes and enforcement against unauthorized copying;
- Advising on related trademark and industrial design protection;
- Developing integrated intellectual property protection strategies for products and brands.
Conclusion
Copyright registration for applied art works in Vietnam is an important legal measure for protecting logos, packaging, brand identity systems, graphic designs, fashion designs, decorative works, and other commercially valuable creative designs.
Before filing, businesses should clearly determine three fundamental issues:
What exactly is the work to be protected?
Who is the author and who owns the copyright?
Should the business also seek trademark or industrial design protection?
For commercially significant logos, packaging, and product designs, combining copyright, trademark, and industrial design protection may provide substantially broader protection than relying on a single intellectual property right.
A.D.V.N Law Company Limited provides legal advice, registration, commercialization, and enforcement services in relation to copyright and other intellectual property rights, supporting clients from the establishment of rights through commercial exploitation and enforcement.
If you are seeking professional assistance with:
- Patent registration;
- Utility solution protection;
- Industrial design registration;
- Trademark registration;
- Intellectual property strategy and enforcement,
please contact:
Hotlines: 0903.693.301 - 0903.641.946
A.D.V.N Law Firm
Website: https://advnlaw.vn
A Dong Intellectual Property Consulting Company Limited (A Dong IP)
Website: https://a-dong.com.vn
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