Industrial Designs

Membership in International Convention: OAPI is a member of the Hague Agreement concerning the International Registration of Industrial Designs (Geneva Act) since September 16, 2008. 

Applicant: the author of the design or his successor. The first applicant is considered the author until proof of the contrary is furnished.

Definition: any novel design, new three-dimensional form or industrial product which is distinguishable from similar products either by a distinct and recognizable configuration giving it a character of novelty or by one or more external effects giving an individual and novel appearance.

Novelty: publication of a design, prior to application, by means of printed material, and notorious use anywhere in the world, impairs novelty.

Prosecution procedure: there is no examination as to novelty, only as to form.

Opposition: any person may oppose the registration of a design within three months of publication of the application.

Duration: five years from application date.

Renewal: two possible extensions of five further years each, to be applied for within twelve months before the term (or six months after, with fine).

Marking of goods: not compulsory.

Working: not compulsory.

Assignment and license: must be in writing and actually signed in the presence of a Notary Public; registration is compulsory within one year.

Classification: international, as per the latest edition of the Locarno Agreement establishing an International Classification for industrial designs.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed;
2. 3 identical representations of each design or 3 samples; when there are various views of a model, they must be on a single sheet;
3. Certified copy of the basic application, where appropriate.

Series application: an application may include up to one hundred designs (one power of attorney may be related to any number of designs).