DEFINITION
Entirety of the various features such as lines, colour, texture, shape, sound, elasticity, material or other characteristics perceived by the human senses of the appearance of the whole or part of a product or its ornamentation.
PRODUCT
any industrial or handicraft item, parts of a complex system, sets, compositions of items, packaging, get-ups, graphic symbols and typographic typefaces, excluding the computer programmes and semi-conductor products.
PROTECTION PERIOD
The term of protection of the registered design is five years from the date of filing of the application. The term of protection is renewable for periods of five years each up to a total term of 25 years.
PROPERTIES OF REGISTRABLE DESIGNS
Protection shall be granted to a design which is new and has an individual character. Designs of products which are parts of complex items shall be protected if and when the design of the part itself is new and has individual character.
Novelty: A design shall be considered new if before the date of reference no identical design has been made available to the public in the world. Designs differing only in immaterial details shall be deemed to be identical. To make available to the public shall cover of all actions of sale, use, publication, publicity, exhibiting, or such similar activities.
Individual Character: A design shall be understood to have an individual character if the overall impression it creates on the informed user is significantly different from the overall impression created on the same user by any design.
DESIGNS THAT CANNOT BE REGISTERED
- Designs resulting from a technical function which does not leave to the designer any freedom in the design characteristics and elements fall outside the scope of protection.
- Designs contrary to public order and general morality principles are not be protected.
- Designs that must necessarily be produced in its exact form and dimensions in order to enable the product in which the design is incorporated or to which it is applied to be mechanically assembled or connected with other products fall outside the scope of protection.
CONTINUITY OF PROTECTION
Changes of the informations of owner of the design should be recorded to the register.
PRIORITY
The 6 month period for claiming priority start from the date of filing of the first application.
FILING REQUIREMENTS
1) Information identifying the applicant(s) and designer(s)
2) If the applicant(s) and the designer(s) are different bodies then explanation about how the applicant has the right to application.
3) A copy of visual description of the design (a drawing, painting, graphic, photographic or similar representation of the design suitable for reproduction and reflecting all of its specific features in size of 8 x 8 cm. If photograph will be given, it shouldn't be put any word, phrase in means of trademark on the good or material. In 3-d designs, to give a better understanding, the design must be shown from the front, sides and top)
4) For multiple design applications, a visual description and specification for each design should be given
5) The date of which the design entered into markets through sales, exhibition or advertisement should be mentioned
6) If priority is claimed, a copy of the priority document obtained from the country of the receiving office of the earlier application giving rise to the priority.
7) Power of Attorney (No legalization)
8)Filing fee
LEGISLATION
| Date |
Description |
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| 27.06.1995 |
Decree-Law No.554 Pertaining To The Protection Of Industrial Designs |
 |
| 09.04.2005 |
The Implementing Regulations Under The Decree-Law No 554 Pertaining To The Protection Of Industrial Designs |
 |
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