Designs

Question 1

Industrial design

Answer 1

creative activity of achieving a formal or ornamental appearance

satisfies visual appeal and the need for the item to perform its intended function efficiently.

Question 2

When an industrial design is protected, the owner

Answer 2

is assured an exclusive right against unauthorized copying or imitation of the design by third parties.

Question 3

Paris Convention (in the following PC) for the protection of industrial property of 1883 deals with industrial designs in several provisions

Answer 3

art 1(2) PC
art 4.A(1) PC
art 5quinquies

Question 4

art. 5quinquies PC

Answer 4

«industrial designs shall be protected in all the countries of the Union» - establishes minimum standard of protection

Question 5

art. 4.A(1) PC

Answer 5

grants to all nationals of member States a right of priority, lasting six months, to file an application for industrial designs in other countries of the Paris Union

Question 6

art. 1(2) PC

Answer 6

names «industrial designs» as a part of «industrial property» and, as a consequence, makes applicable the general principle of «national treatment»

Question 7

Berne Convention

Answer 7

art 2(1) BC
art 2(2) BC
art 2(7) BC

Question 8

What is a design?

Answer 8

A design is the outward or visible appearance of the whole or parts of a product, resulting from its features. These features can be: lines, colours, shapes, textures, controus, materials, ornamentatio.

Question 9

What is a product?

Answer 9

any industrial or handicraft item (Article 1(b) Designs Directive and Article 3(b) CDR)

Question 10

What is a complex product?

Answer 10

made up of multiple components which can be disassembled and reassembled, for example a car or a blender (Article 1(c) Designs Directive and Article 3(a) CD

Question 11

What cannot be classed as a design?

Answer 11

Functions of the product
Any item that does not comply with the definition of a design: lack of outward or visible appearance or not a handicraft item
Computer programs

Question 12

Ideas, smells, fragrances, music and sounds cannot be designs in themselves.

Answer 12

The following are also excluded, because the product is not an industrial or handicraft item:
products belonging to the natural world; colours per se, without shape or contour; and words in a standard typeface without any additional figurative elements.

Question 13

Computer programs are excluded from design protection

Answer 13

although computer icons, web designs and graphical user interfaces are not.

Question 14

Registered design rights can be obtained

Answer 14

by registering the design with an IP office.

Question 15

Unregistered design rights are obtained

Answer 15

through disclosure to the public and use

Question 16

The Community design system comprises two kinds of protection (Article 1(2) CDR)

Answer 16

unregistered Community designs (UCDs) registered Community designs (RCDs)

Question 17

Unregistered community designs (UCDs)

Answer 17

no application procedure
no cost
protection against copying
protection for 3 years
no grace period
no priority

Question 18

Registered community designs (RCDs)

Answer 18

application with OHIM
fees payable to OHIM
full protection
min 5 years max 25 years
12 month grace period
6 month priority perio

Question 19

Registration procedure at national level

Answer 19

designs are registered with the relevant national intellectual property office

Question 20

Registration procedure at national level

Answer 20

direct application through WIPO

for countries designated at the time of filing

Question 21

Registration procedure at EU level

Answer 21

with OHIM

for the whole of the EU