An industrial design covers the ornamental or aesthetic aspect of an article. It may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.
In most countries the registration of an industrial design is required for protection whereas in some countries, industrial designs are protected under patent law as “design patents ”.
WIPO provides International Protection of Industrial Design through WIPO Hague System.
The Hague System is a WIPO system for the International Registration of Industrial Designs. The applicant or deign owner can register up to 100 designs in over 66 territories through filing one single international application.
To apply for an International Protection through Hague system the applicant must qualify at least one of the following conditions under the WIPO rules:
Applicant’s Nationality:
- be a national of a Contracting Party;
- be a national of a Member State of an intergovernmental organization which is a Contracting Party (such as the European Union or the African Intellectual Property Organization);
- have a domicile in the territory of a Contracting Party;
- have a real and effective industrial or commercial establishment in the territory of a Contracting Party, or only under the Geneva (1999) Act
- have a habitual residence in a Contracting Party.
Payment of Fee:
The applicant has to pay the official fee payable to WIPO. The fees is directly paid to the International Bureau.
Technical Requirements:
Technical requirements regarding image files must be fulfilled and comply with the technical requirements under the Hague System. The design and the reproduction work of design is also required with the application.
Design is subject matter for which protection is sought, and reproduction refers to photographs of the design. A design may be represented by several reproductions showing different views of the design.
Filing:
- E-Filing: E-Filing and online application system is the preferred method. It is easier and faster
- Paper application: If you want to apply manually then it can be done by filling the application form and sending it by mail. Submission by e-mail is not accepted at WIPO.
Post Filing Procedure:
After filing your application you will receive an acknowledgement of receipt. WIPO will conduct an examination of your application.
If your application complies with the prescribed formal requirements, your industrial designs will be registered. You will then receive a certificate and your industrial designs will be published according to the publication options the applicant has selected.
If the application has some irregularities, you will receive a letter inviting you to correct them. The letter will indicate the necessary corrections to be carried out, as well as the time for corrections. It is important to observe the time schedule to avoid your abandonment of your application. Upon receipt of your corrections, your application will be re-examined. If it shall meet the criteria of registration it shall be registered.
Intellectual Property Logium provides complete services for the Design Protection through WIPO.
