Registered Designs

 Membership of International Conventions:

  • Paris Union (from 2 September 1963)
  • WIPO (from 9 April 1995)

Types of Designs available:

  • Industrial Designs

Novelty requirements:

Absolute novelty is required. The design shall be presumed to be new at the time of the application except in so far as the following provisions provide otherwise:

  • An industrial design is not new if, before the date of application for registration, it has been made available to the public anywhere and at any time by means of description, use or in any other way, unless it is shown to the satisfaction of the Registrar that the creator of the design could not have known that it had been made so available.
  • An industrial design shall not be deemed to have been made available to the public solely by reason of the fact that within the period of six months preceding the filing of the application for registration the creator has exhibited it in an official or officially recognised exhibition.
  • An industrial design is not new merely because it differs in minor or inessential ways from an earlier design or concerns a type of product other than the type with which an earlier design is concerned.

Registrability:

A design is registrable if it is new and it is not contrary to public order or morality.

Any combination of lines or colours or both, and any three-dimensional form, whether or not associated with colours, is an industrial design, if it is intended by the creator to be used as a model or pattern to be multiplied by industrial process and is not intended solely to obtain a technical result.

A single application may relate to any number of industrial designs not exceeding fifty, if the products to which they relate are of the same kind or, where a classification has been prescribed, of the same class.

Filing Requirements:

  • Power of Attorney (can be late filed).
  • Drawings or photographs of design (required on the day of filing).
  • Indication of the kind or class of the product for which the design will be used.
  • Certified copy of priority document, if priority claimed (can be late filed within three months from filing).
  • Sworn Translation of Priority Document if not in English (can be late filed within three months from filing).
  • Assignment (can be late filed).

Deferred Publication:

Possible, but not longer than twelve months.

Substantive Examination:

No

Average Period from Application to Registration:

One year.

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. Renewal fees must be paid within twelve months immediately preceding the renewal period.

Printable Version

download