Industrial Designs

/Industrial Designs

How to register an international industrial design

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:

International Design  Registration

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?

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In many areas the following types of designs are excluded from protection:

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Cyprus joins DesignView

After the recent incorporations to the trademarks finder TMView (Tunisia joined last October 20th) and to the trademarks classification tool TMClass (Iceland and Montenegro), OHIM has announced that Cyprus joins DesignView.

Since last November 10th, the Department of Companies Registration and Official Receiver (DRCOR) which is part of the Ministry of Commerce, Industry and Tourism of the Republic of Cyprus has made available the data of their designs in the search DesignView.

The union of Cyprus to the search tool is a further confirmation of the signal of adjustment of industrial property in today’s modern economy, mainly characterized by strong globalization.

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2014-11-18T10:43:02+00:00Categories: Industrial Designs, Press release|Tags: , , |

Registration of Community Design

The current globalization of the markets has created the need to provide protection to new creations internationally. The Community Registered Designs are an excellent option due to its fast registration and low cost. These rights are regulated by the Office for Harmonisation in the Internal Market (OHIM).

Community design registration

A registered design gives the owner an exclusive right to use it and to forbid its use by third persons without its consent, on the appearance of the totality or a part of a product, which must result from the features of, especially, the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation. The designs may be two or three dimensional.

The application for registration of a Community Design concerns all 28 Member States of the European Union: 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.
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