Requirements for industrial design
Under the Law, the two- or three-dimensional external appearance of a product can be protected as an industrial design. The external appearance is understood as a complex of the distinctive features of the product which may be expressed in its form, configuration, ornament, the combination of colours, the structure of its surface, its material or a combination of thereof.
Products can be protected as industrial designs if they are new, distinguishable and applicable in manufacturing of industrial products or products of handicraft. The worldwide novelty is required. While determining the novelty the information which has been made available within six months before filing the application by the person who is entitled to apply for the registration of the industrial design, or any other person who has received the information from this person, shall not be taken into account.
An industrial design obtains legal protection after registration in the State Register of Industrial Designs. The applications for the registration are processed and the Register is maintained by the State Patent Office.
The legal protection of industrial designs obtained under the Designs Law is independent from the protection obtained under the Copyright Law.
Application for registration
The application for registration may contain either one industrial design, a set of industrial designs or variants of an industrial design. The set of industrial designs is meant as a logical whole of industrial designs which according to Locarno Agreement (1968) belong to the same class and have been designed in the same style. The variants of the industrial design are different samples of the design which leave the same general impression to the person skilled in this field. All the variants of the industrial design must be presented in one application but there is an extra fee for each variant more than three. Each variant of the industrial design obtains independent legal protection while the set of the industrial designs obtains the protection only as a whole, i.e. the industrial designs constituting the set do not obtain separate independent protection.
The following documents will be needed to submit the application in the name of foreign applicant:
- reproduction of the industrial design (general view and the views which provide a full and detailed idea of the external appearance of the design);
- power of attorney signed by the applicant;
- priority document if the priority according to the Paris Convention is claimed.
Under the implementation provisions, the priority based on the first application filed in the member state of the Paris Convention on 20 February 1991 or later may be claimed within one year counted from the entry into force of this Law (i.e. till 11 January 1999).
The power of attorney must be filed on the filing date of the application or within two months from this date.
The priority document must be filed on the filing date of the application or within nine months from the priority date.
Proceedings
The Patent Office shall make a decision to register the industrial design if the object of the industrial design meets the requirements of this Law. But the Patent Office shall not examine the conformity of the industrial design with the requirements of novelty and distinguishability.
Within ten workdays after the industrial design has been entered into the State Register of Industrial Designs the Patent Office shall grant a certificate to confirm the exclusive rights of the owner of the industrial design.
Duration of the Registration
The registration of industrial designs is valid for five years from the filing date of the application and may be extended for the two following five-year period. The corresponding fee must be paid for extending the period.
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.
