The prerequisites for obtaining design protection are novelty in the aesthetic form of a creation, industrial applicability and originality of the design. The application for design registration must be filed with the DPA. There is no substantive examination with respect to the material requirements for design protection. The period of protection is five years and may be extended for another five years periods. The maximum period of protection is 20 years from the filing date. Upon registration the owner has the exclusive right to reproduce the sample. The protectability of the registered design will only be examined in infringement or cancellation procedures.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.