International Registration for Your Industrial Design
|
Summary
Similar to a design patent in the United States, a design registration is a method for protecting your designs in European and other countries. |
Internationally, an industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. In most countries, an industrial design must be registered in order to be protected under industrial design law. Design registrations are similar in some ways to design patents in the United States.
As a general rule, to be registrable, the design must be “newâ€? or “original”. 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, in most cases, 15 years.
Depending on the particular national law and the kind of design, an industrial design may also be protected as a work of art under copyright law. Under certain circumstances an industrial design may also be protectable under unfair competition law.
A procedure for an international registration exists under the WIPO-administered treaty, the Hague Agreement Concerning the International Deposit of Industrial Designs. An applicant can file a single international deposit either with the WIPO or the national office of a country which is party to the treaty. The design will then be protected in as many member countries of the treaty as the applicant wishes.
|
Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody! |
Trademark Registration: What is a Trademark? Do I Need to Register a Trademark? – Part 2
Trademark Registration: What is a Trademark? Do I Need to Register a Trademark?
Our Builder is Changing the Plans of the Home they’re Building for Us, Is there any Way to get Out of Our Builder Contract?
For more on this subject check out these categories: Intellectual Property, Patent
Elliot Furman is licensed to practice before the United States Patent and Trademark Office and has worked on a wide range of US and international patents for individual inventors, start-ups, large companies, and venture capital firms. His expertise in patent law is complemented by more than ten years of Silicon Valley engineering experience in areas such as software, hardware, integrated circuits, and mechanical devices. Elliot serves clients throughout the world from his New York City based practice. His website can be found at patentauthority.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.