Designs and Models

– Law No. 17.164 of September 2, 1999 on Invention Patents, Utility Models and Industrial Designs.
– Regulations under the Patent Law, Decree No. 11/000 of January 13, 2000.

Membership in International Conventions

See under “Patents of Invention“.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since January 19, 2000.

Filing

Definition: an industrial model or design is the shape or external aspect, incorporated or applied to an industrial product, which gives an original ornamental character or a particular characteristic.

Novelty: model must be unknown, unpublished and unworked in Uruguay and abroad.

Not registrable: (a) those models or designs which have been subject to published applications in Uruguay, and also those published or used anywhere before the date of application, in printed form, as to enable any person skilled in the art to execute them; (b) features of shape or configuration dictated by the functions of the article; (c) when they refer merely to a change of color; (d) those which are subject matter of artistic character; (e) those against public order or good morals.

Priorities: in accordance with the Paris Convention (Stockholm revision), six-month term.

Territory covered: the Republic of Uruguay.

Filing requirements for an application (to be sent to resident agent):
1. Specification (1 set if not in Spanish), and drawings (7 copies if in Spanish);
2. Power of attorney simply signed by applicant(s) and with full name of the signer(s) clearly and fully typed out;
3. In the case of confirmation of foreign registration, a certified and apostille copy of the foreign design certificate is needed, to be translated locally before filing.

Electronic filing: available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted and the subsequent submission of the original is not required.

For a change of name or address:
1. Power of attorney, simply signed, and a scanned copy is sufficient.

Examination Procedure

Examination: as to form and novelty.

Publication: in the Industrial Property Bulletin and one other local newspaper, to allow third parties to file opposition.

Opposition: must be filed within twenty days of the last publication; must prove lack of novelty.

Granting

Delivery of document: the certificate of registration is issued in digital format.

Duration – extension: ten years, counted from the date of filing, renewable for another five years.

Annuities: first annuity must be paid before the model is formally granted. Subsequent annual fees must be covered before the expiration of each life-year or within six months thereafter (with a 50% fine in this case). If the first annuity is not paid in time, application is considered as abandoned. If any subsequent annuity is not paid, model lapses automatically. In revalidation cases, annuities in Uruguay coincide and are counted from the date of grant of the foreign registration.

Modification of Protection after Registration

Cancellation: an action may be filed based on lack of novelty at the date of filing.

Infringement: when the rights of owner are infringed by any third party, defense of such rights is only possible through a judicial action. Infringers may be fined and/or imprisoned, and infringing goods expropriated. Registration owners may obtain reimbursement of damages from the infringing party.