The appearance of all or part of a product, which is derived from the characteristics of, in particular, the lines, contours, colors, shape, texture or materials of the product itself or its ornamentation.
The foregoing means the exclusion from the field of Industrial Design protection of any technical function and of any industrial result, what they really protect is the new configuration and appearance.
Industrial Design protects three-dimensional and two-dimensional shapes (designs, lines or color). Industrial designs apply to a wide variety of products from industry and crafts: from technical and medical instruments to watches, jewelry, and other luxury items; from household appliances and electrical appliances to vehicles and architectural structures; from textile prints to recreational goods.
Industrial designs make a product attractive and attractive; consequently, they increase the commercial value of a product, as well as its marketability.
When an industrial design is protected, the owner, (person or entity that has registered the design) has the exclusive right against unauthorized copying or imitation of the industrial design by third parties.
An industrial design must be registered in order to be protected by the law that governs industrial designs. As a general rule, in order to be registered, the design must be “new” and have a “unique character”. That is, there should be no knowledge that an identical or very similar design has previously existed. Thus, the general impression produced by the informed user must differ from that produced by another previous design. The term of protection is 5 years, renewable for periods of 5 years up to 25 years. Up to 50 designs can be protected in the same application.
Protection of industrial designs is generally limited to the country granting protection. In accordance with the Hague Agreement Concerning the International Deposit of Industrial Designs, there is a procedure for making an international application. An applicant may file a single international application with WIPO or the National Office of a country that is a party to the treaty, in which case the industrial design will be protected in as many states that are party to the treaty as they wish.
Application National Industrial Design Registry or Community Model Drawing.
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