Registered Designs

 Membership of International Conventions:

  • Paris Union (from 24 September 1976)
  • WIPO (from 21 September 1976)

Types of Designs available:

  • Industrial Designs

Novelty Requirements:

An industrial design is new where it has not been disclosed to the public, anywhere in the world, by publication in tangible form or by use or any other way, prior to the filing date or, where applicable, the priority date of the application for registration.

Disclosure to the public of the design shall not be taken into consideration where;

a) it occurred within twelve months preceding the filing date or, where applicable, the priority date of
the application; and

b) it was by reason or in consequence of acts committed by the applicant or his predecessor in title
or of an abuse committed by a third-party with regard to the applicant or his predecessor in title.

Registrability:

An industrial design is any composition of lines or colours or any three-dimensional form, or any material, whether or not associated with lines or colours, provided that such composition, form or material;

a) gives a special appearance to a product of industry or handicraft;

b) can serve as a pattern for a product of industry or handicraft;

c) appeals to and is judged by the eye.

Two or more industrial designs may be the subject of the same application where they relate to the same class of the International Classification or to the same set or composition of articles.

Design protection does not extend to anything in an industrial design which serves solely to obtain a technical result and to the extent that it leaves no freedom as regards arbitrary features of appearance.

Any industrial design that is contrary to public order or morality is not registrable.

Filing Requirements:

  • Power of Attorney (simply signed) (can be late filed within two months).
  • Drawings, photographs or other adequate graphic representations of the industrial design (required on the day of filing).
  • An indication of the article which constitutes the industrial design or in relation to which the industrial design is to be used.
  • Certified copy of priority document, if priority claimed, with verified English translation (certified copy of priority document can be late filed within three months from filing and verified English translation can be late filed within six months from filing).
  • Assignment (can be late filed).

Substantive Examination:

Yes

Deferred Publication:

Any application may, at the time of filing, contain a request that the publication of the industrial design, upon registration, be deferred for a period not exceeding twelve months from the date of filing, or where priority is claimed, from the date of priority, of the application.

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.

 

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