Designs and Models
The design/model protects the appearance of the entire product or a part thereof which results, in particular, from the characteristics of lines, contours, colors, shape, surface structure and/or materials of the product itself and/or its ornament.
A design/model is new if it has not been disclosed prior to the date of the application for registration, while it is considered to possess individual character when it arouses in the informed user a general impression different from that aroused by any other product previously disclosed.
Protection therefore concerns the aesthetic or decorative aspect of a product, and not its technical or functional characteristics.
By product we mean any industrial or handcrafted object including, inter alia, the component parts that must be assembled to form a complex product; packaging; presentations, such as Internet pages and billboards; graphic symbols and typefaces, excluding computer programs. By complex product we mean a product consisting of several components that can be replaced, allowing the disassembly and re-assembly of the product.
he protection of models and designs is a key element in the commercial strategy of a company because a design or model adds value to a particular product making it more attractive to the eyes of the consumer.
Geographical areas
.
Italian Designs/Models
The competent office is the Italian Patent and Trademark Office-UIBM. The registration of an Italian design-model confers exclusive rights in Italy and San Marino.
Filing of the application and registration procedure
The application can be submitted for a single design/model or multiple designs (MULTIPLE DESIGN/MODEL), provided that they belong to the same “class” in the Locarno Classification, i.e. the international classification for industrial designs/models (for example, a series of furnishing elements such as chairs, armchairs, tables, etc.).
UIBM does not carry out an examination on the novelty, but only a formal examination in which the Office can find irregularities that are reported to the applicant with a remark to which the applicant must respond.
After a few years the design-model is registered
Maintenance of designs/models
The design or model protection period lasts 5 years from the date of submission of the application, renewable for several five-year periods up to a maximum of 25 years.
.
COMMUNITY DESIGNS/MODELS
The competent office is the European Union Intellectual Property Office – EUIPO based in Alicante, Spain.
The registration of a community design/model allows protection throughout the European Union. With any subsequent enlargement of the European Union, the protection is consequently also extended to the new Member States without the need for further obligations.
Filing of the application and registration procedure
The filing procedure with the EUIPO allows you to use a single language, manage a single file, obtain a single registration and also protect multiple designs/models.
There is also the possibility of deferring the publication of the design/model for a maximum period of 30 months.
The EUIPO does not carry out an examination on novelty, but only a formal examination in which it may find irregularities reported to the applicant with a remark to which the applicant must give an answer. If the remark is exceeded, the design/model is registered.
Maintenance of designs/models
The design or model protection period lasts 5 years from the date of submission of the application, renewable for several periods of five up to a maximum of 25 years.
.
INTERNATIONAL DESIGNS/MODELS
The competent office is the World Intellectual Property Organization – WIPO, based in Geneva.
The international registration of a model/design allows protection in all countries of the Hague Agreement.
Each designated country may or may not grant protection under the applicable provisions of its legislation.
Filing of the application and registration procedure
The filing of the application for registration is done in a single language with the payment of a series of taxes in a single currency, the Swiss franc.
It is not necessary to have previously filed a national design or model.
The registration of a design/model is carried out by the Patent Offices of the individual countries on the basis of their respective national provisions. Compared with the community design/model, therefore, you will not obtain a single title, but several titles arising from a single procedure.
International registration simplifies the further management of designs and/or models since subsequent changes or renewals of registration can be carried out with a simple and single procedure at the International Office of WIPO.
Maintenance of designs/models
The design or model protection period lasts 5 years from the date of submission of the application, renewable for several periods of five up to a maximum of 25 years.
