Definition of industrial design
Industrial design is the visible appearance of a product or part of a product, determined by the features, shape, lines, pattern, ornaments, color combination or combination thereof.
What is a product
Product is any product obtained by industrial or artisanal means, including parts intended to be assembled into a composite product, set or composition of products, packaging, graphic symbols and printed fonts, with the exception of computer programs.
Advantages of protection of designs with registration of industrial design
Design is important for consumers, who undoubtedly often make their choice of products based not only on technical and structural parameters, but also on how they look. Therefore, product design undoubtedly creates an important competitive advantage for manufacturers and companies that invest in it. Such companies often make better profits and grow faster. A registered industrial design can be a significant asset with increasing value.
The exclusive right to a design is acquired through registration with the Patent Office. Only a design that is new and original is registered. An important point in the IDA are the requirements for novelty and originality of product design, which is part of a composite product. In this case, the design attached to or incorporated in a product that is part of a composite product is considered to be new or original, if the part included in the composite product remains visible during normal use of this product and the visible features of the part meet the requirements for novelty and originality.
Designs not subject to registration:
The scope of legal protection is determined by the images of the registered industrial design. The period of validity of the registration of an industrial design is ten years from the date of submission of the application and may be renewed for three consecutive periods of five years each. The registration of an industrial design has a territorial effect.
Common Communication of EUIPO and the national industrial property offices of the EU member states in connection with the graphic presentation of the designs.
As a result of their joint work on the project "Harmonization of practices regarding the graphic representation of designs" -CP 6-, EUIPO and the national industrial property offices in the European Union agreed on a common practice regarding visual indications for “Disclaim” and different types of views and ways of presenting designs on a neutral background. In addition, this document provides recommendations to applicants on how best to present their designs. An overview of the standards of the Offices for the quality of applications for designs received electronically and on paper has been made.
The common practice is made public through a Common Communication in order to further increase transparency, legal certainty and predictability for the benefit of both experts and consumers. This document is a recommendation for both industrial property offices and consumer associations, applicants, opponents and representatives on common practice.
The Common Communication aims to provide a clear and comprehensive explanation of the principles on which the common practice is based. The Patent Office will apply the common practice for applications filed after 14.07.2016.