Warning! Dear customers! Changes in the legislation in the field of intellectual property came into force! (According to the Laws of Ukraine № 815-IX of 21.07.2020 and № 816-IX of 21.07.2020)
An industrial design is a result of human creativity in the field of artistic design.
An industrial design can be the appearance of an article or its part, determined, in particular, by the lines, contours, color, shape, texture and/or material of an article and/or its finish.
A distinction is made between volume and flat designs. Samples can refer to the whole product (for example, a car) or to its individual element (car wheel).
Volumetric designs are artistic and design solutions that define the appearance of packaging, bottles, vials, machines, etc.
Flat industrial designs are characterized by linear-graphic ratio of elements and actually do not have the volume, for example, artistic and design solutions that determine the appearance of the label, decorative wallpaper pattern, advertising brochure, carpet, fabric, etc.
What are you registering as an industrial design?
- 1.Two-dimensional objects:
- Drawing on a label, package or container;
- Drawing of decorative wallpapers, fabrics, carpet.
- 2. Three-dimensional objects:
- Drawing of decorative wallpapers, fabrics, carpets;
- Packaging (boxes), bottles, bags, furniture, etc.
- Appearance of devices, mechanisms, tools, equipment;
- 3. Multi-object products.
- Sets or sets of products, such as interior, services, board games, etc.
- According to the Law of Ukraine "On Protection of Rights to Industrial Designs" legal protection as an industrial design can not be obtained:
- the result of intellectual activity in the field of artistic design, which is embodied or applied in a product that is invisible in the normal use of such a product;
- objects of unstable shape made of liquid, gaseous, bulk or similar substances;
- features of the appearance of the product, due solely to its technical functions;
- features of the appearance of the product, the size and shape of which must be accurately reproduced in order for one product to be mechanically connected to another product or located inside, around or opposite another product so that each product could perform its function (this provision does not apply to the appearance of products designed for multiple assembly or connection of interchangeable products within a modular design).
Іntellectual property rights to an industrial design is certified by a security document - certificate.
The maximum term of protection of property rights to an industrial design in accordance with the Law of Ukraine "On Protection of Rights to Industrial Designs" - 25 years from the date of filing the application materials. We also clarify that at this time, the protection document for industrial design should be supported annually (extended - by payment) of state duty. The owner of the certificate has the right, including at any time, to refuse to provide protection without paying this fee.Legal protection is granted to an industrial design that does not contradict public order, generally accepted principles of morality and meets the criteria of protective capacity.
Criteria for the protection capacity of an industrial design are novelty and individual character.
- What are the general rights provided by design registration?
- The right to prohibit others to use the design without the permission of the owner of the certificate.
- The right to give any person the permission (to issue a license) to use the design on the basis of the license agreement.
- The right to transfer (alienate) property rights of intellectual property rights to an industrial design on the basis of a contract to any person for remuneration.
- The right to evaluate an intangible asset. Contribution to the charter capital of the company in the amount of monetary valuation of property rights to industrial design.
The Certificate shall provide its owner with the exclusive right to use the industrial design at his discretion, unless such use violates the rights of others, including copyrights and rights to any objects of industrial property (trademarks, industrial designs, inventions, utility models, etc.).
- Period of registration an industrial design from the date of filing application materials:
- standard term - up to 12 months,
- accelerated period (additional service) - from 2 months to 6 months.
Remember that protection of industrial design is provided on the territorial principle, that is, if you register in Ukraine, protection is provided only on the territory of this country. You can also register your design in other countries of the world, but in this case it will be necessary to submit the documents either directly to the responsible authority of this state or through the regional system or the international Hague system.
We wish you inspiration to develop new designs, and our specialists will help you effectively get protection of your rights and protect them when used in Ukraine and in the world.
Specialists of Viconsult Patent and Legal Agency with rich experience in the field of intellectual property rights know how to make registrating an industrial design as comfortable as possible for you. We prepare all necessary documents, control deadlines, respond to expert inquiries and perform other necessary actions in the interests of our client. In addition, if you want to work not only in Ukraine, but also in other countries, we can offer you a variety of comprehensive options that will be most beneficial for you. The first thing for us is the result that will please you.