Industrial design is the external appearance of a product, expressed by lines, shapes, colors or a combination of these elements. Products bearing industrial designs are understood as objects, tools, equipment, vehicles, etc. in all fields, with certain structures and functions, independently produced and circulated. The following article DHP Law will help customers better understand the conditions for industrial designs to be protected.
An industrial design is protected if it fully meets the following conditions:
– Newness: An industrial design is considered novel if it is significantly different from industrial designs that have been publicly disclosed in the form of use, written description or any other any other form in the country or abroad before the filing date or prior to the priority date if the industrial design application enjoys priority.
– Inventiveness: An industrial design is considered to be creative if it is based on industrial designs that have been publicly disclosed in the form of use, written description or any other form. in the country or abroad before the filing date or prior to the priority date of the industrial design registration application in the case of a priority right application, such industrial design cannot be easily created for people with average knowledge in the respective field.
– Capable of industrial application: An industrial design is considered to be industrially applicable if it can be used as a model for mass production of products with the appearance of that industrial design by the same method. industrial or handicraft.
In case there are many applications for registration of industrial designs that are identical or not significantly different from each other, a protection title may only be granted for the industrial design in a valid application with the earliest filing date or priority date in the application. number of applications that meet the conditions to be granted a protection title.
In case there are many applications for registration of industrial designs which are identical or not significantly different from each other, satisfy the same conditions for being granted a protection title and have the same priority or earliest filing date, a protection certificate is only granted to the subject matter of a single application among those applications by agreement of all the applicants; if no agreement is reached, the respective objects of those applications will be refused to grant protection titles.
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