Industrial Designs
➤ What is industrial design registration?
➤ What can be registered as an industrial design?
➤ What cannot be protected by registration?
➤ How can I file an industrial design application?
➤ What are the rights granted to the holder of the industrial design registration?
➤ What is the territory of protection of the registration?
What is industrial design registration?
It is a temporary ownership title granted by the Government, by law, to the author or persons whose rights arise from him, so that he/they prevent(s) third parties to perform acts related to the matter protected, such as manufacturing, commercialization, importation, use, sale, etc., without his/their prior authorization, during the effective period covered by the registration.
In Brazil, since the enactment of Law nº 9,279 of May 14, 1996, Industrial Design is protected by a registration rather than a patent.
What can be registered as an industrial design?
An industrial design is understood as the ornamental plastic form of an object or the ornamental set of lines and colors that may be applied to a product, providing a new and original visual result in its external configuration, and which may be used as an industrial manufacturing type. Please remember that the submission of the application may be colored, but the colors are not protected, i.e., the configuration or the ornamental pattern will be protected regardless of the colors used.
What cannot be protected by registration?
The industrial designs contrary to morals and good customs or that offends the honor or image of people or attacks freedom of conscience, belief, worship or idea, and feeling worthy of respect and veneration are not subject to protection. Additionally, necessary, common, or ordinary shape of an object, or a shape essentially determined due to technical or functional considerations, cannot be registered either. Objects or patterns purely artistic, i.e., that cannot be industrially reproduced, are also ineligible for industrial design registration.
How can I file an industrial design application?
In order to prepare an application, it is recommended that the applicant knows the Brazilian IP Law, articles 92 to 121 and the Manual de Desenhos Industriais.
The application may be filed in INPI’s website, by electronic petition.
To request protection for an industrial design, it is necessary to fill out the filing request, pay the Brazilian Federal Revenue collection slip (GRU), and present the reports, claims (if any), and designs, which must all comply with the standards established by the Manual . The power of attorney (if any), priority, and assignment documents, if necessary, must also be sent within the legal term established.
Any individual or legal entity that is eligible for registration.
What are the rights granted to the holder of the industrial design registration?
The holder of the industrial design is entitled to prevent third parties from producing, offering for sale, using, or importing the industrial design subject matter of registration without his consent.
What is the territory of protection of the registration?
The Industrial design registration is only valid in the national territory.
Is it possible to disclose the industrial design in fairs, seminars, and congresses before submitting it?
It is recommended to submit it first. However, the law allows disclosing it as long as it is done within 180 days of the filing of the industrial design application, and as long as it is done by the author or by third parties based on information obtained directly or indirectly from the author. In this case, it is possible to inform, in the application form itself, the conditions for such disclosure (Art. 12 and 96 of the Brazilian IP Law).