Industrial Designs

– Industrial Designs Act No. 2 of 2001, in force since June 1, 2003, as amended on December 31, 2015.
– Industrial Designs Regulations No. 50 of 2003, in force since June 1, 2003.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since August 21, 1993.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 9, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 31, 2002.

Filing and Protection

Applicant: the proprietor of any new or original design not previously published.

Criteria for registrability: must be new.

Novelty: universal novelty is required.

Classification: based on the Locarno Agreement.

Multiple applications: the same design may be registered in more than one class.

Priority: within six months of registration.

Duration – beginning of protection: registered for an initial period of five years from the filing date of the application.

Renewal: possible for only two consecutive renewals of five years upon payment of the prescribed fee.

Assignment: the right to an industrial design may be assigned, or it may be transferred by succession.

License: the owner of a registered industrial design on an application may grant licenses in respect of the design to third parties. Such licenses must be attached to any application for recordal of same against the industrial design.

Filing requirements for an application (to be sent to resident registered agent):
1. Authorization of agent;
2. If the applicant is not the creator, a statement justifying the applicant’s right to registration;
3. The application shall contain a request, drawings, photographs or other adequate graphic representations of the article embodying the industrial design and an indication of the kind of products for which it is to be used;
4. 1 specimen of the article embodying the industrial design where it is two-dimensional may accompany the application;
5. Priority document, if required.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures).

Cancellation: possible any time after registration, upon written declaration to the Registrar.