Industrial Property Office

National application - information


The protection of industrial designs by its registration in the register is intended for the design 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 connection with concrete product, cannot be considered as industrial design.

Not any industrial design can be protected. The industrial design is qualified for protection if it is new and is of individual nature. The industrial design is considered as new if no identical industrial design was made accessible to public prior to date of application filing or prior to date of priority right origin. A case, when the industrial design which was made accessible to public through the industrial design author or through his legal representative within 12 months prior to date of application filing is not considered as being made available to public. Industrial designs are considered identical if their features distinguish from each other only in non-essential details. The industrial design is of an individual nature 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. Besides the basic criteria for a protectibility of industrial designs, there are the other criteria, not so often used. As for them, it is necessary to refer to the Act No. 207/2000 Coll., on industrial designs. This brief information text is not purposed to give such kind of details.

The industrial design registration in the register is applied for by filing an industrial design application, best by making use of an form that can be obtained in the Office filing room or on the Internet. The industrial design application is to be submitted to the Office either by post or handed over personally. The industrial design application must contain particulars related to the applicant, manifestation of his willingness on registration of the industrial design in the register and the industrial design representation giving an unambiguous imagination of product appearance. Representation of the industrial design is the most important enclosure of the industrial design application and so a great significance should be given to its high-quality performance because only the representation defines the subject matter of the protection as well as a protection range. The representation can be made in the form of a photograph or a drawing. An application can be filed as a single one, it means that the registration in the industrial design register is requested for one industrial design or as a multiple one, it means that the registration of two or more industrial designs can be applied for in the application. The industrial designs contained in the multiple application must come under a single class of the international classification for industrial designs.

The acquired protection ensures for its owner an exclusive right to use the industrial design, to prevent third persons use thereof without his approval, to provide consent (license) for other persons to use the industrial design or to assign the right to the industrial design to them (for instance to sell the right). The usage of the industrial design means particularly manufacture or putting a product on the market , in which the protected industrial design is embodied or to which it is applied. The term of protection of a registered industrial design is 5 years from the date of the industrial design application filing with the Office. On request of the industrial design owner the duration of protection can be repeatedly renewed for further 5 years up to the total 25 years.

Last modified on – 2009-03-17 11:41