Next to trademarks, industrial designs are one of the most significant elements of the functioning of modern enterprises. They are a component of the company’s visual identification, in particular the elements characteristic of the offered products, influencing as a result the purchase decisions of customers. An industrial design of high quality or value is worth protecting, because its role is to create a vision of the product and brand as something unique, distinguishing it from the competition.
The use of your design by another company will then be protected by the appropriate legal provisions, which will make it possible, among other things, to license it for a fee, sell it or conduct litigation and proceedings in connection with the infringement of the design rights.
WHAT IS AN INDUSTRIAL DESIGN?
An industrial design can be a form/figure or part of a given product, i.e. a design that gives it a unique character. It consists of colours, contours, line features, shapes, materials, and structure. Therefore, an industrial design will be, for example, the design of furniture, food, toys, clothes, or electronic equipment.
An industrial design must not include internal components, components that are invisible during normal use and spare parts for repairing the item.
WHY IT IS WORTH TO REGISTER AN INDUSTRIAL DESIGN
- Registration ensures effective protection of the trade mark against infringement.
- It allows to maintain an individual, distinctive appearance, which is the trade mark of a given brand or product.
- It provides protection against allegations of using someone else’s industrial design.
- It becomes a component of personal or corporate property and can therefore be used for monetizing.
OUR INDUSTRIAL DESIGN RESERVATION SERVICE – WHAT WE DO:
- Preparing research on the registration capacity of your industrial design and monitoring other, conflicting registrations and changes in registers,
- Registration of the design at a national, European and international level,
- Control over the timely renewal of registered rights,
- Preparation of legal opinions, warning letters in relation to infringement, contracts (e.g. sale, granting licenses) and industrial design valuation,
- Representation in mediation, negotiations, litigation and court cases as well as in customs proceedings,
- Planning an effective industrial design protection strategy that meets the needs and characteristics of your business.
What you need to know about industrial designs (faq)
Effective protection of an industrial design gives, on the basis of the right in registration, the exclusive right to use a given design, thus guaranteeing the security of maintaining the characteristic, recognizable design of a given product after paying the fee for the first period. Nobody can copy or counterfeit a registered industrial design which is the subject of intellectual property or industrial property with impunity. Registration also allows you to earn on its licensing and sale, which increases the overall value of the company (becomes an asset). It should be recalled that only the granting of a right leads to the possibility of its execution
Registration of industrial designs is made by submitting an application and illustration together with a description of the features of a given industrial design to:
- of the Patent Office of the Republic of Poland (if we register the design in the national procedure),
- EUIPO (European mode),
- or WIPO (international mode).
The condition for obtaining a patent is the innovation of a given invention. An industrial design is not a form of protection of an innovative process or technical / scientific solution, but only its aesthetics, design and appearance. Therefore, it does not concern its functionality, as is the case in patent law, but only its external, characteristic form. Therefore, an industrial design cannot be patented. But protection is also granted for industrial designs by the patent office.
It happens that registration of a spatial trademark with a patent office, e.g. in the case of packaging, turns out to be a better solution. The main reason is the possibility of extending such protection indefinitely every decade from the time of obtaining the decision on granting the right in the patent office. An industrial design may be secured for a maximum period of 25 years. You cannot re-submit it for registration, because after publication it loses the basic feature that determines the establishment of something as an industrial model – the novelty aspect, because it should be remembered that it should be a new thing with an individual character. If you want to find out whether it is more profitable to register a trademark or an industrial design, or if you have other questions when it comes to applying for a design – please contact us!
No one may use an industrial design for commercial purposes without the consent of the owner. The sale, import and production of goods with the same or similar design are prohibited. The infringer will be exposed to civil liability.
Temporary protection is in force from the moment the industrial design is filed with the Patent Office, eg the Republic of Poland (of course, provided that the Office grants the right to registration).
Everything that is a characteristic form of a given product. The aesthetics of clothes, furniture, toys and food products often determine their market success and recognition. Therefore, it is worth investing in the registration of an industrial design, if it is of an individual character.
Any designs that may cause controversy, e.g. offensive to religious, patriotic, traditional feelings, inconsistent with good morals and contrary to public order.
According to Art. 103 sec. 1 of the Industrial Property Law Act, it is the moment when it can reach people professionally involved in the field with which a given design is related.
Yes. It is enough to apply to the Patent Office to invalidate industrial designs that infringe someone’s rights. Then it is resolved by way of a dispute.
Staniszewski & Partners
