Industrial Designs

– Industrial Property Law (Decree 12-99-E), effective since February 28, 2000, as amended.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since November 15, 1983.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since February 4, 1994.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since September 30, 2004.

Filing

Applicant: individuals or legal entities (must appoint a local attorney-at-law).

Foreigners: enjoy the same rights as nationals.

Definition: any bi-dimensional or tri-dimensional shape, which incorporated in a utilitary product, gives it a peculiar appearance and which may serve as type or mold for the manufacture of similar products.

Kinds of design: must be original i.e. must not be identical to or confusingly similar with any other designs which are already of public knowledge in the country; must also be susceptible of industrial application. 

Novelty: worldwide.

Not registrable: designs resulting only from the technical function of the article or those related to structural forms.

Priority: six months (non-extendible).

Filing requirements for an application (to be sent to resident agent):
1. Name, nationality and address of applicant;
2. 10 representations of the industrial design;
3. A summarized description of same;
4. A clear indication of the type of product for which the design will be used;
5. Power of attorney (legalized);
6. Priority document (if any), legalized only if applicant is not a citizen of a Paris Convention country.

Examination

Examination: a formal examination and a complete examination.

Amendments and corrections: possible, at any time during the prosecution of the application. If such amendments and corrections are made after the publication has taken place, a new application is compulsory.

Publication: after the examinations have been carried out by the PTO, publication will be ordered in the Official Gazette for three consecutive times within intervals of thirty days.

Opposition: may be filed by any interested parties, but during the publication period only.

Granting

A granting decision is issued after the complete examination has been carried out and the publication of the application has taken place provided that no opposition was filed by a third party.

Appeal: decisions of the PTO may be appealed.

Duration: five years, extendible for two equal periods up to a total of fifteen years from the filing date.

Quinquennial taxes: must be paid within six months from the filing of the application and at the time of extending the registration for another five-year period. These taxes may be paid in advance. Grace period: six months.

Rights Conferred

The registration of an industrial design confers the right to its holder to exclude third parties from exploiting the said design. In this respect, the registrant is entitled to file legal proceedings against any person who, without his consent, manufactures, sells, imports or keeps in stock for any of these purposes, a product which may reproduce or incorporate the protected design or a very similar one.