Registered Designs

 Membership of International Conventions:

  • Paris Union (from 21 December 1963)
  • WIPO (from 22 December 1989)

Types of Designs available:

  • Industrial Designs

Novelty Requirements:

Design protection is available only to those industrial designs that differ from other similar designs either by their distinct and recognisable configuration that affords them a novel nature or by one or more superficial effects that give them an individual new appearance.

Publicity given to a design in Madagascar during the six months preceding filing of the application, by means of offering for sale or any other means, shall not cause either the priority right or the special protection afforded by the Madagascar Designs Act to lapse.

An industrial design is not be deemed to be new solely because it comprises differences of secondary importance in relation to earlier designs or because it applies to goods of a type that differ from such designs.

Novelty is not destroyed by disclosure of the design at an officially recognised exhibition either in Madagascar or in the member countries of the Paris Convention, within the six months preceding filing of a design application or a validly claimed priority date for the design, subject to production of a recognised certificate attesting to participation of the author or his successors in title at such exhibition.

Registrability:

A design is any composition of lines or colours or any three-dimensional form, whether or not associated with lines or colours. Such composition or form shall be required to give a special appearance to a product of industry or handicraft and be able to serve as a pattern for a product of industry or handicraft.

An application may contain only one industrial design.

If those elements that constitute the novelty of the design are inseparable from those that serve solely to obtain a technical result capable of leading to an invention that is patentable in itself, the design concerned may not enjoy design protection.

All industrial designs contrary to public policy or morality are excluded from design protection.

Filing Requirements:

  • Power of Attorney (can be late filed within two months).
  • Drawings, photographs or a specimen of the design (required on the day of filing).
  • The nature of the design or article together with the corresponding class or classes of the International Classification for Industrial Designs.
  • An explanatory description of the industrial design.
  • Certified copy of priority document, if priority claimed, with verified French translation (can be late filed within three months).
  • Assignment (can be late filed).

Substantive Examination:

Yes

Duration and Renewal:

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each. A grace period of six months is provided for the payment of the renewal fee after the deadline.

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