Industrial Designs

– Law on Industrial Designs of June 1998, amended in January 1999, in August 2005, in December 2011, and in February 2016.
– Implementing Regulations of September 1998, amended in August 1999, and in April 2016.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since August 17, 1974.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 10, 1980.
– Hague Agreement Concerning the International Registration of Industrial Designs, since May 27, 1992, and Geneva Act, since September 13, 2016.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since June 6, 1997.

Filing

Applicant: may be the actual designer(s) or his/her successor(s) in title.

Foreigners: may enjoy national treatment under the Paris Convention or the reciprocity principle.

Registrable: designs which are new and industrially applicable.

Exceptions to protection: include designs for articles that are not apparent in normal course of trade or use; designs dictated solely by function of articles; and designs contrary to public order.

Multiple applications: one application can comprise an unlimited number of designs provided that they are interrelated structurally or functionally.

Priority: according to the Paris Convention or to the reciprocity principle.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (a scanned copy is sufficient and no legalization or notarization);
2. Notarized copy of Certificate of Incorporation (a scanned copy is sufficient);
3. Scanned copy of Inventor's Declaration;
4. Electronic copy of the drawings or the design;
5. A description of the design including the usefulness and originality of the design;
6. If priority is claimed, certified copy of priority document (a scanned copy is sufficient);
7. The international classification.

For change of name and/or address:
1. Power of attorney (a scanned copy is sufficient and no legalization or notarization);
2. Scanned copy of the Certificate of Registration;
3. Notarized Certificate of Change of Name and/or address (a scanned copy is sufficient).

Examination and Protection

Examination: shall take place within six months from the filing date as to formalities, novelty and industrial applicability.

Objections of the Examiner: must be replied to within six months. 

Appeal: may be filed against any decision of the Registrar within two months from the date of notification of the decision.

Opposition to application: possible within twelve months from the filing date.

Issuance of certificate: a Certificate of Registration is issued in paper format.

Duration of validity of a registration: five years.

Extension: possible for two periods of five years.

Annuities: should be paid each year for maintaining the validity of the registration.

Assignment: registrable.

Cancellation: a design may be cancelled from the Register when: (1) the registration was effected in violation of the law; (2) the registered design has not been used for a period of two consecutive years.