LAURITSEN & ASOCIADOS - INDUSTRIAL MODELS AND DESIGNS – FAQ’s (FREQUENTLY ASKED QUESTIONS)
WHAT IS AN INDUSTRIAL MODEL?
It is something new incorporated to a product that gives it an ornamental or aesthetic nature. It possesses the three dimensions.
WHAT IS AN INDUSTRIAL DESIGN?
It is any new appearance applied to an industrial product that gives it an ornamental or aesthetic nature. It possesses two dimensions.
WHICH ARE THE REQUIREMENTS TO HAVE OWNERSHIP OVER MY INDUSTRIAL MODEL OR DESIGN?
1) It must be something new, that is to say, no similar model or design being used or registered all over the world can be found.
2) It must possess an ornamental or aesthetic nature.
3) It must have an industrial use, which means that mass production has to be possible.
DOES MY MODEL OR DESIGN NEED TO BE NEW TO BE REGISTERED?
In our country the INPI does not do in depth analysis to grant an industrial model. This means that it does not search for previous records in order to determine if your model is new. However, it is advisable to register models which are new at world level, to prevent future judicial repeals.
WHEN DOES NOT AN INDUSTRIAL MODEL OR DESIGN HAVE LEGAL PROTECTION?
a) If it does not fulfill any of the previously stated requirements.
b) When it plays an industrial function (in that case it will be registered as a practical utility model)
c) When it represents only a minor change or difference.
d) When it is against ethics, moral standards and good manners.
WHAT HAPPENS IF MY INDUSTRIAL MODEL OR DESIGN HAS ALREADY BEEN SHOWN IN AN EXHIBITION?
As long as it has not been commercialized, you have 6 months to protect your industrial model or design.
HOW LONG DOES THE REGISTRATION PROCEDURE TAKE?
The concession of an industrial model or design takes 15 days approximately
HOW LONG WILL BE VALID?
The industrial model or design will remain in effect for 5 years, and it is renewable twice more, which gives a total of 15 years.
WHERE WILL THE INDUSTRIAL MODELS OR DESIGN BE VALID?
They will be valid in Argentina. There is a 6 months period to register them in other countries, taking priority.
CAN I LICENSE MY INDUSTRIAL MODEL OR DESIGN?
Of course, You can license the use of your industrial model or design charging royalties or a fixed amount, depending on the situation.
WHAT HAPPENS IF UNAUTHORIZED PEOPLE USE MY INDUSTRIAL MODEL OR DESIGN?
These people should be notified to stop using it. Besides, you should bring an action for damages against them.
CAN I TRANFER OR ASSIGN MY INDUSTRIAL MODEL OR DESIGN?
Yes, you can do it in a notary public’s office. If you are married, your partner should also agree and signed.
WHAT ARE THE ADVANTAGES OF INSTRUCTING AN INDUSTRIAL PROPERTY AGENT TO DO THE REGISTRATION?
Our services focus on the correct presentation of the industrial model or design, fulfilling all legal requirements. Furthermore, we will informe you about deadlines in order to keep the validity of your model or design, as well as any legal change or new regulations.
LAURITSEN & ASSOCIATED. INDUSTRIAL PROPERTY AGENTS. TRADEMARKS, PATENTS, MODELS. LAWYERS © 2015
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