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?