INDUSTRIAL DESIGNS

What is an industrial design?

An industrial design constitutes the decorative or aesthetic aspect of an article. Industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.

Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.

To be protected under law, an industrial design must appeal to the eye. This means that an industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.

Why protect industrial designs?

Industrial designs are what make an article attractive and appealing; hence, they add to the commercial value of a product and increase its marketability.

When an industrial design is protected, the owner “the person or entity that has registered the design” is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices.

The protection of industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and crafts. They contribute to the expansion of commercial activities and the export of national products.

Industrial designs can be relatively simple and inexpensive to develop and protect. They are reasonably accessible to small and medium-sized enterprises as well as to individual artists and craftsmen.

What are the rights of the industrial design owner?

The owner of an industrial design has the right to decide who can and who cannot use the brand. The owner of an industrial design can authorize or license other parties to use the design, under the conditions for which they mutually agree. The owner can also sell the right to someone else, who then becomes the new owner of the industrial design. The protection of the industrial design ends with the completion of its term and the industrial design is then made available for public use.

How can industrial designs be protected?

In order to be granted protection, an industrial design must be registered under the Industrial Design Law. To be registrable, the design must be “new” or “original”. "New" means that no identical or very similar design is known to have existed before. Once a design is registered, a registration certificate is issued. Following that, the term of protection is generally five years, with the possibility of further periods of renewal up to 25 years.

According to the law on copyright, industrial design may also be protected as a work of art if it meets the conditions stipulated by the law on copyright. Design can enjoy protection parallel with copyright and design registration.