Design
Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).
Legal framework
Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).
Industrial models and designs are protected by Decree 6673/1963, as amended. They are also protected in accordance with the Trips Agreement and the Paris Convention.
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Rights are only available by registration under the relevant statute.
Industrial designs and industrial drawings are protected under Law 19,039 on Industrial Property. They can also claim copyright protection.
The authority responsible for registration is the National Institute of Industrial Property (INAPI). Every drawing and industrial design shall visibly bear the words "Dibujo Industrial" or "Diseño Industrial" or the initials "D.I." and the registration number – for example, on the packaging – provided that this is presented to the consumer sealed in such a way that it is necessary to destroy it in order to gain access to the product. The omission of this does not affect the validity of the industrial design or industrial drawing but deprives the rights holder of the power to enforce criminal penalties.
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Decision 486 dated 2000 issued by CAN and the Sole Circular issued by the Superintendency of Industry and Trade govern industrial designs. Moreover, Colombia became party to the Paris Convention for Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Locarno Agreement, and the Convention on Industrial Property executed by and between Colombia and France.
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Designs are governed by:
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Registered designs are governed by Part V of the French Intellectual Property Code.
Databases are governed by:
The Design Act (Designgesetz) governs the protection of national designs, and the Community Design Regulation governs the protection of Community Designs.
Germany is also party to the Hague Agreement Concerning the International Registration of Industrial Designs.
Under the Registered Designs Ordinance, a design is registrable if it is new at the filing date of the application or the priority date. A design would be regarded as “new” if:
A registered design application will only be subject to a formality examination, meaning that the Registry of Designs will only decide whether the applicant has filed the necessary information and documents in support of the application. However, the Registry will not conduct any substantive examination to consider or assess the registrability of the design.
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Law Number 31 of 2000 on Industrial Design (Industrial Design Law) is the governing statute for industrial design in Indonesia.
The Industrial Designs Act 2001, supplemented by the Industrial Designs Regulations 2002 (as amended) govern the protection of national designs in Ireland. The Community Design Regulations No. 6/2002 govern pan European registered design rights and introduced the concept of an unregistered design right into Irish law.
Accordingly, design rights can arise from a national registered design right or as part of a European registered or unregistered design right.
The Designs Law 2017 (Designs Law) governs the protection of designs from August 7, 2018.
Until such time the protection of designs was governed by the Patent and Designs Ordinance.
Sections 31 and subsequent of the Industrial Property Code apply to registered designs.
Regulation (EC) No. 6/2002 applies to both registered and non-registered EU designs.
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Designs are a registered right governed by the Designs Act 1953.
Priority registrations are permitted in Nigeria. The application for priority registration must be made within 6 months of the earlier application in the convention country. The applicant must furnish the Registry with a copy of the earlier application within a 3-month period after filing in Nigeria. Once completed, the registration in Nigeria equates to an application made in the convention country of origin.
Designs are governed by the Norwegian Design Act (designloven).
Andean Community Decision 486 (Industrial Property Act).
Not applicable in this jurisdiction.
The owner of an industrial design registered with the Polish Patent Office may pursue claims on the basis of the Industrial Property Law and the Act on Combating Unfair Competition as well as the Act on Copyrights and Related Rights.
In the case of community designs, Council Regulation (EC) No. 6/2002 of 12 December 2001 on community designs applies.
Poland is also a signatory to the Hague Agreement (since July 2, 2009).
Logos are governed by Title II, Chapter VI of the Industrial Property Code (Articles 281 to 298).
Industrial designs are governed by Law no. 129 of December 29, 1992 on the protection of industrial designs.
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The utility models as the object of the legal protection are defined by the Slovak Act No. 517/2007 Coll. on utility models, as amended (Act on Utility Models). The application for utility model and its requirements is further regulated by the Decree of the Industrial Property Office of the Slovak Republic No. 1/2008 Coll., which implements the Act on Utility Models. In order for the Industrial Property Office to grant the protection to a utility model, it is necessary to submit a utility model application to the Industrial Property Office, which will register the utility model when the conditions for its registration are fulfilled.
Designs are regulated in the Slovak Act No. 444/2002 Coll. on designs, as amended (Act on Designs). The application for design and its requirements is further regulated by the Decree of the Industrial Property Office of the Slovak Republic No. 629/2002, which implements the Act on Designs.
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The landscape for industrial designs in Ukraine includes the Civil Code of Ukraine dated January 16, 2003 and the Law of Ukraine "On Protection of the Rights to Industrial Designs" dated December 15, 1993. In addition, Ukraine is a member to the Paris Convention for the Protection of Industrial Property, Patent Law Treaty and Hague Agreement Concerning the International Registration of Industrial Designs.
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Case law governs actions for passing off. Such actions are not the subject of legislation, although it is possible to rely on passing off to oppose trademark applications by third parties under trademark law.
The Registered Designs Act 1949 (as amended) governs registered designs. The Copyright Designs and Patents Act 1988 (as amended) governs unregistered designs.
Not applicable for this jurisdiction.