What is a design / model?

If the name of a product or service can be protected as a trademark, its appearance, ornamental or aesthetic aspect can also be protected as an industrial design. A design refers to the arrangement of lines and colors that give an appearance to an industrial or handcrafted object. A model is any three-dimensional form, with or without colors, or any industrial object that can serve as a prototype for manufacturing other units. A registered design or model grants its owner the exclusive right to prevent unauthorized copying or imitation by others without permission.

Criteria for Registering a Design or Model:

Only original and new designs or models are eligible for protection:

• NoveltyA design or model is considered new if it has never been disclosed to the public.
• Originality A design or model is original if it was independently created by its author and is neither a copy nor an imitation of existing ones.

What is excluded from the protection of designs & models?

The following industrial designs or models are generally not eligible for registration in many countries:
- Designs or models that lack novelty or originality.
- Designs or models that contain official symbols or emblems (e.g., a national flag).
- Designs or models that are contrary to public order or morality.

Steps to Protect Your Industrial Design or Model:

In most countries, a design must be registered to receive protection under industrial design laws. To register a design in your country, you typically need to follow these steps:

Documents Required:

- 4 completed and signed copies of the official application form
- A power of attorney if the applicant is a foreigner represented by an agent
- Six (6) photographs of the design or model
- A payment receipt for the filing fee as per the applicable fee schedule (Insert link to the design/model fee schedule).

Duration of Protection

The protection granted is valid for 10 years from the filing date, divided into two phases:
- The first year: The design remains confidential unless the applicant requests publication.
- The next 9 years: The design must be published to maintain protection.