Attention! Dear customers! Changes to the legislation in the field of intellectual property have entered into force! (According to Laws of Ukraine No. 815-IX dated 07/21/2020 and No. 816-IX dated 07/21/2020)
WHAT IS A DESIGN AND WHAT OBJECTS CAN BE REGISTERED AS DESIGNS?
Industrial sample - the result of a person's creative activity in the field of artistic design.
The characteristic of an industrial design is the appearance of the product or its component parts, which includes features, shape, color, texture, material and design of the product.
Differentiate volumetric and flat industrial samples. Samples can refer to the entire product as a whole (for example, a car) or to its individual element (a car wheel).
WHAT CAN BE REGISTERED AS AN INDUSTRIAL DESIGN?
- The drawing is applied to the label of the packaging, container;
- Drawing of decorative wallpaper, fabrics, carpet.
- Packaging (boxes), bottles, bags, furniture, etc.
- Appearance of devices, mechanisms, tools, equipment, if their appearance is not a technical necessity;
- Sets or sets of products, such as interior, tableware, board games, etc.
WHAT ARE THE RESTRICTIONS SET FOR REGISTRATION OBJECTS?
- According to the legislation of Ukraine in the field of protection of rights to industrial designs (designs), protection cannot be granted:
- The product of creative work in the field of artistic design, which is embodied or used in the manufacture of a complex product and is not visible during its use under normal conditions, is the result of intellectual activity.
- Objects that can change their shape, in particular, liquids, gases, bulk materials and other similar substances.
- External characteristics of the product, which are determined by its technical functions, i.e. exclusively to ensure its efficiency and productivity.
- Characteristics of the appearance of a product that must be accurately reproduced to provide mechanical connection or placement of a product within another product so that both products can perform their functions. It is important to note that this does not apply to the appearance of products designed to be assembled with other products or connected to them within the framework of a modular design.
CONDITIONS FOR GRANTING LEGAL PROTECTION TO AN INDUSTRIAL SAMPLE (DESIGN)
Property rights to an industrial design are certified by the Certificate, which establishes the maximum period of property protection of an industrial design in accordance with the Law of Ukraine "On Protection of Rights to Industrial Designs". This term is 25 years from the date of filing the application for protection.
In order to maintain the effect of the industrial design protection document, it is necessary to carry out the maintenance procedure annually.
An industrial design can receive legal protection if it meets the criteria for protection, namely, it has a novelty and individual character, and does not contradict public order and generally recognized principles of morality.
Remember that the protection of an industrial design is granted on a territorial basis, that is, under the condition of registration in Ukraine, protection is granted only on the territory of this country. You can register an industrial design in other countries of the world, but in this case it will be necessary to submit documents either directly to the responsible body of the given state or through the regional system or through the international Hague system.
WHAT RIGHTS ARE GRANTED UNDER THE CONDITIONS OF REGISTRATION OF AN INDUSTRIAL DESIGN?
- The right of the owner of an industrial design to prohibit others from using it without his permission.
- The right of the owner of an industrial design to grant permission for its use to other persons on the basis of a license agreement.
- The right of the owner of an industrial design to transfer its property rights to other persons for remuneration on the basis of a contract.
- The right to evaluate intellectual property, in particular property rights to an industrial design, and the possibility of their inclusion in the company's authorized capital.
The holder of the certificate has the exclusive right to use the industrial design at its own discretion, provided that such use does not infringe the intellectual property rights of others, including copyright and other industrial property rights, such as trademarks brands, inventions, utility models, etc.
DEADLINES FOR INDUSTRIAL DESIGN REGISTRATION ACCORDING TO THE NATIONAL PROCEDURE OF UKRAINE
- Term of registration (certificate for industrial design) from the date of submission of application materials:
- standard term - up to 8 months
- During the period of martial law in Ukraine and taking into account paragraph 1 of the first part of the Law of Ukraine "On the protection of the interests of persons in the field of intellectual property during the martial law introduced in connection with the armed aggression of the Russian Federation against Ukraine" is not available accelerated registration procedure (2-4 months).
FEATURES OF THE DISPOSAL OF RIGHTS TO AN INDUSTRIAL DESIGN
If the industrial design certificate belongs to several persons, the relationship regarding its use is determined by an agreement between them. If there is no such agreement, then each of the owners can use the industrial design at their own discretion, but none of them can issue a license for its use or transfer ownership of the industrial design to another person without the consent of all other owners.
We wish you inspiration for the development of new industrial designs, and our specialists will help you to effectively protect your rights and protect them during use in Ukraine and the world.