What is an Industrial Design?

An industrial design constitutes the ornamental or aesthetic aspect of an article. Is the professional service of creating products and systems that optimize function, value and appearance for the mutual benefit of user and manufacturer. An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as [...]

2018-04-10T14:49:26-05:00April 10th, 2018|

What kind of protection does an industrial design right offer?

The owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

2018-04-10T15:02:38-05:00April 10th, 2018|

What kind of products can benefit from industrial design protection?

Industrial designs are applied to a wide variety of products of industry and handicraft items: from packages and containers to furnishing and household goods, from lighting equipment to jewelry, and from electronic devices to textiles. Industrial designs may also be relevant to graphic symbols, graphical user interfaces (GUI), and logos.

2018-04-10T15:02:58-05:00April 10th, 2018|

How are industrial designs protected?

In most countries, an industrial design needs to be registered in order to be protected under industrial design law as a “registered design”. In some countries, industrial designs are protected under patent law as “design patents ”. Industrial design laws in some countries grant – without registration – time- and scope limited protection to so-called [...]

2018-04-10T15:06:55-05:00April 10th, 2018|

How long does industrial design protection last?

Industrial design rights are granted for a limited period. The duration of the protection of industrial designs varies from country to country, but it amounts at least to 10 years. In many countries, the total duration of protection is divided into successive renewable periods.

2018-04-10T15:08:20-05:00April 10th, 2018|

How are industrial design rights enforced?

Industrial design rights are usually enforced in a court, generally on the initiative of the owner of the rights, as provided for by the applicable law. The remedies and penalties vary from country to country and could be civil (injunctions to desist from an infringement, payment of damages, etc.), criminal or administrative.

2018-04-10T15:09:18-05:00April 10th, 2018|

What is the difference between an industrial design right and a patent?

An industrial design right protects only the appearance or aesthetic features of a product, whereas a patent protects an invention that offers a new technical solution to a problem. In principle, an industrial design right does not protect the technical or functional features of a product. Such features could, however, potentially be protected by a [...]

2018-04-11T08:41:04-05:00April 10th, 2018|

How can industrial design rights be obtained in more than one country?

In general, in order to obtain protection for industrial designs in more than one country, an application for the registration of an industrial design or for the grant of a patent for an industrial design must be filed in each country where protection is sought, in accordance with the law of that country. With BR [...]

2018-04-11T08:41:47-05:00April 10th, 2018|

When should I file an application?

When filling an application timing is very important, taking into account the originality requirement for industrial designs in most legislation, it is in general crucial to file an application for registration or for the grant of a patent before publicly disclosing it, to avoid destroying its originality. If the industrial design has already been disclosed [...]

2018-04-11T08:42:37-05:00April 10th, 2018|

Why are industrial designs relevant to my business?

Industrial designs make a product attractive and appealing to customers. 1. Design makes consumer’s choice: the appearance of a product can be a key factor in the consumer’s purchase decision. In other words, the success or failure of a product may rest, at least partially, on how it looks. Industrial designs can therefore be very [...]

2018-04-11T08:43:01-05:00April 10th, 2018|
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