An industrial design is the result of creative activity that determines the appearance of a product or part of it (shape, pattern, colour combination, etc.). It gives a product its uniqueness and can apply to any industry, from packaging and furniture to complex mechanisms and technical devices.
Types of industrial designs:
- Two-dimensional (for example, graphic elements, drawings, labels).
- Three-dimensional (three-dimensional forms: packaging, appliance cases, furniture, etc.).
- Complex/multidimensional (sets or systems of products whose unified design is formed by several components).
Industrial design certificate instead of a “patent”
According to the new version of the legislation, the official protection document for an industrial design is now a certificate (previously it was called a patent). The certificate certifies the owner’s exclusive right to the design.
Validity period and annual renewal of the certificate
- The maximum term of protection is up to 25 years.
- The certificate is issued initially for 5 years from the date of application.
- In order to extend the protection, the owner must pay an annual fee (maintenance of validity). Extensions are possible until the cumulative term exceeds 25 years.
Registration of an industrial design: key aspects
- Submitting an application
- The applicant or his/her representative submits an application to the state authority.
- The application contains images of the product from different angles, a description of its essential features and the required formal documents.
- Terms of consideration
Currently, the process can take 9 months or longer depending on the current situation and the queue of applications.
- Expertise
- An examination is carried out to ensure compliance with formal requirements.
- If there are no grounds for refusal, a decision is made on the state registration of the industrial design.
- Obtaining a certificate
- After a positive decision, the information about the industrial design is published in the relevant bulletin, and the applicant is issued a certificate.
- The certificate is the basis for the acquisition of exclusive property rights to the registered design.
What rights does the certificate grant to the owner of an industrial design
- Exclusive right to use
Only the owner or persons authorised by him may manufacture, sell, import, offer for sale or otherwise commercially use products with a patented design.
- Possibility to dispose of rights
The owner can transfer the rights to an industrial design to other persons (sale, gift, contribution to the charter capital) or issue licences for a fee.
- Protection against violations
If someone copies or uses a registered design without permission, the owner has the right to demand that the infringement cease and that damages or compensation be paid.
- Priority of international registration
A certificate issued in Ukraine is valid only within the state of Ukraine. However, the owner may file an application abroad (for example, under the Hague system) with priority from the Ukrainian date to protect the design in other countries more quickly and efficiently.
Conclusion
Registering an industrial design is an important investment in protecting your business and unique design solutions. With a certificate, you:
- You officially confirm the authorship and the right to the appearance of the product.
- You get a tool to prohibit or restrict the unauthorised use of your design.
- Ensure that you can transfer rights and receive income from licensing.
- Strengthen your competitive position in the domestic and international markets.
To confidently go through all the stages of protecting your industrial design, contact intellectual property specialists who will help you prepare an application and support you until you receive a certificate and beyond.