An industrial design refers to the ornamental or aesthetic aspect of an article, including its shape, configuration, pattern, or ornamentation.
Registering your design grants you exclusive rights to its use, preventing others from copying or imitating it without permission.
The design must be new or original, not previously published or used in any country, and should be applied to an article by an industrial process.
Design protection typically lasts for 10 years from the date of registration, with the possibility of renewal for an additional period, depending on jurisdiction.
No, design protection covers only the aesthetic aspects of a product, not its functional or technical features.
Design rights are territorial. To protect your design in multiple countries, you must file separate applications in each jurisdiction or use international treaties like the Hague Agreement.
A patent protects the functional and technical aspects of an invention, while a design registration protects the visual appearance of a product.
Public disclosure before filing can jeopardize the novelty requirement. It's advisable to file for registration before any public disclosure.
The process involves filing an application with the relevant intellectual property office, which examines the application for compliance before granting registration.
Yes, as the owner, you can license your design to third parties, allowing them to use it under agreed terms.
You can take legal action against the infringer, seeking remedies such as injunctions, damages, or account of profits.
Minor modifications may be allowed, but significant changes would require a new application, as the original registration covers only the design as filed.
Yes, designs that are contrary to public order or morality, or that include offensive or obscene material, cannot be registered.
Design registration specifically protects the aesthetic aspects of industrial products, while copyright protects original artistic and literary works.
Using the design before registration is at your own risk, as protection is typically granted only after registration.
A prior art search involves checking existing designs to ensure that your design is new and has not been previously registered or published.
If the design is too similar to an existing registered design, it may not qualify for registration due to lack of novelty.
The cost varies by jurisdiction and may include application fees, examination fees, and professional fees if you hire an attorney.
Regular market surveillance, design watch services, and monitoring competitors can help detect potential infringements.
Once the maximum term of protection has expired.
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