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).