National application - information
Legal protection of an industrial design by its registration in the industrial design register is intended for designer solutions.
Industrial design is intended to mean appearance of a product, consisting particularly in signs of lines, contours, colours, shape, structure or materials of the product per se or ornamentation thereof. The visually perceivable feature of a product is concerned but not for instance its technical or structural nature. The product means an industrially or hand-made three-dimensional or two-dimensional object. Graphics per se, without being connected to a concrete product, can‘t be considered as industrial design.
Not every industrial design can be protected. An industrial design is qualified for protection if it is new and is of individual nature. It is considered as new if no identical industrial design was made accessible to public prior to application filing date or prior to date of priority right origin. Industrial design that is made accessible to public by its author or legal representative within 12 months prior to application filing date is not considered as officially being made available to public. Industrial designs are considered identical if their features can be distinguished from each other only in non-essential details. Industrial design has an individual character if the general impression that it invokes in a well-informed user distinguishes from a general impression being invoked in the same user by another industrial design that has been made accessible to public prior to date of application filing. More information can be found in the legislation related to this issue: Act No. 207/2000 Coll., on industrial designs.
Industrial design registration is applied for by filing an industrial design application, best by making use of an form that can be obtained in the IPO CZ filing room or on the Internet. Applications can be submitted either by post, in electronic form or handed over in person. It must contain information about the applicant, manifestation of his/her willingness to register the design and design representation providing an unambiguous idea of product appearance. Representation of industrial design is the most important attachment of application and therefore a good attention should be paid to its high-quality because only the representation defines the subject matter of the protection as well as a protection range. The representation can be made in form of a photograph or a drawing. There are single applications for one industrial design or multiple applications for two or more industrial designs. All industrial designs within the multiple application must be classified under one class of the international classification for industrial designs.
The acquired protection gives its owner exclusive right to use the industrial design, to prevent third party from using it without his approval, to provide consent (licence) to other persons to use the industrial design or to assign the right to the industrial design to them (for instance to sell the right). Utilizing industrial design means particularly to manufacture or market the product in which the protected industrial design is embodied or to which it is applied. The protection of a registered industrial design lasts 5 years starting with the filing date. It can be renewed repeatedly by 5 years up to a total of 25 years.
Last modified on – 2012-05-21 13:12