Some of the most brilliant brains in the world, along with their inventions, are competing to get one of the most important awards about people, science and great discovers: the European Inventor Award.
European Inventor Award 2015 has arrived to its 10 edition, and the prize awarding ceremony will take place in Paris next June 11.
The finalist are the best 15 inventors and entrepreneurs which has found solutions to climate change, medicine, health, etc. in a few words: trying to make everyone’s life better.
From Protectia, while attending the verdict of the international independent jury (and the public which will be able to assign the popular prize by online voting), we have decided to present in the next few weeks some of the great inventors finalists of the European Inventor Award 2015.
To start, we are going to talk about: Luke Alphey, finalist of European Inventor Award 2015 for the category “Reserach” and inventor of a control system for dengue fever desease. Before getting into know a little bit more about his revolutionary invention, let’s see the video developed by the EPO (European Patent Office): (more…)
The system for international registration of industrial designs offers the possibility to protect their designs in several countries by filing a single application in only one language.
Is meant by industrial design (either 3D model or 2D drawing) all formal innovation referring to features of appearance of the product or its ornamentation. I.e, any object that could serve as a pattern for the manufacture of a product and that can be described by its structure, configuration, ornamentation or representation.
Industrial designs make a product attractive for the consumer, and its protection:
- Increases performance of invested capital
- Promotes economic development
- Promotes creativity and contributes to the expansion of commercial activity.
Usually, an industrial design must be “new”, meaning by the concept of novelty a design which is not similar nor identical to anyone else existing.
Under the Hague Agreement regarding the international registration of industrial designs, treaty ruled by the WIPO (World Intellectual Property Organization based in Geneva), an international registration procedure is planned. According to that, the applicant may file only one international application designating all member States of the Agreement in which he wish to obtain protection for the design.
The number of industrial designs included in this international application shall not exceed 100.
The process for the registration of an international industrial design is subject to legislative specifications of each territory, but the following scheme could be considered as a reference for general procedure:
The process for international design registration:
- Filing of the application.
- Formal and substantial examination.
- Publication in the official Journal of International Designs (6 months from the moment of the application).
- Period for the filing of oppositions.
- Granting or denial (6 months from the publication).
Generally, once granted, the protection is valid for a period of 5 years, renewable for periods up to 15 years in most cases (in Spain and the European Union for example are 25 years).
The owner of a registered industrial design has the right to prevent unauthorized reproduction or imitation of the design by third parties.
Do you need to register an international industrial design?
In many areas the following types of designs are excluded from protection:
Trademark registration in the European Union or CTM (Community Trademark) allows, by a single procedure and cost, to register a trademark in the 28 actual States of the EU:
Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Holland, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, United Kingdom , Czech Republic, Romania and Sweden.
One of the most frequently asked questions is about the scope of the registration in the overseas regions. Let’s clarify. Community trademark registration is valid in the following regions:
- Denmark: excluded Greenland and the Faroe Islands. So it is necessary to protect through a national trademark in Denmark.
- Spain: Canary Islands, Ceuta and Melilla included.
- France: including overseas departments (Martinique, Guadeloupe, Reunion, Guyana). However, do not include the following territories: New Caledonia, Wallis and Futuna, French Polynesia, French Southern and Antarctic Territories, Mayotte. In those regions, it will be necessary a French trademark registration in order to be protected
- Portugal: Azores and Madeira included.
- UK: included Gibraltar. Channel Islands and the Isle of Man that require protection through a national trademark in the UK are not included.
Trademark in the EU. The process
It is common to ask about the duration of the processing of a trademark in the European Union. In this regard, note that nowadays it is an agile administrative process, ruled by the Office for Harmonization in the Internal Market (OHIM) located in Alicante (Spain) and, if no objections arise, has an average processing time of 6 months. The processing is done in the official language of the Member State filing and one of three official: English, French or German, and consists of the following steps:
- Filing of the application.