Industrial Designs
Legal Basis
– Decree No. 01/PM on Patents, Petty Patents and Industrial Designs of January 17, 2002.
– Regulation No. 322/STEA-PMO of February 18, 2003 on the implementation of Decree on Patent, Petty Patent and Industrial Designs.
– Law on Intellectual Property No. 38/NA of November 15, 2017, published on May 25, 2018, in force since June 9, 2018.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 17, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 8, 1998.
– WTO’s TRIPS Agreement, since February 2, 2013.
Filing
Applicant: may be an enterprise or an individual.
Foreigners: have the same rights as nationals on the basis of reciprocity. They have to appoint a resident agent.
Definition: an industrial design is the specific appearance of a product, represented by lines, three-dimensional forms or colors or a combination of such elements capable of serving as a pattern for a product of industry or handicraft.
Novelty: only an industrial design which is new shall benefit from protection.
Classification: as per the Locarno International Classification for Industrial Designs, as last revised.
Priority: according to the Paris Convention.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, legalized;
2. A description of the industrial design, if possible with the International Classification code (Locarno);
3. Drawings or photographs;
4. Authorization from the creator (if relevant), legalized;
5. Priority document, if any.
For a change of name or address:
1. Declaration of Change of Name/Address, legalized;
2. Power of attorney, legalized;
3. Copy of original registration certificate.
Note: from June 2023 notarization of the PoA, Deed of Assignment, Declaration of Change and other required documents is no longer required, legalization will suffice.
Examination and Protection
Examination: formal and substantive examinations.
Publication: after the formal examination.
Opposition: possible for third parties, as of June 9, 2018, before the Department of Intellectual Property up to sixty days following publication of the application.
Granting: an industrial design certificate is issued in paper format and published in the Industrial Property Gazette.
Duration: five years following the filing or the priority date.
Renewal: possible for two further consecutive periods of five years.
Opposition – cancellation: same as for “Patents of Invention“.
Assignment or amendment: must be registered.