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Industrial Models: How to Protect Product Design in Argentina

Modelos Industriales Cómo proteger el diseño de productos en Argentina - Legal Core Group

An industrial model or design is a right that protects the shapes or the aesthetic appearance applied to a product, whether industrial or handcrafted. It is crucial to emphasize that these rights protect the aesthetic or ornamental aspect and not the technical functionality of the product.

Furthermore, models protect three-dimensional aspects, while designs protect two-dimensional aspects (such as patterns, logos, graphic symbols, logos, interfaces, sequences, etc.).

Applicable Legislation to Industrial Models and Designs in Argentina

In Argentina, this right is regulated by Decree-Law No. 6.673/63, Law No. 27444, INPI Resolutions P250/2018 and P252/2018, and the regulatory decree 353/2019.

The Locarno Agreement also applies to the classification of industrial designs, providing the classes to which designs belong on a global level.

Industrial Model Registration Process in Argentina

Registering an industrial model or design in Argentina is a quick process that does not require substantive analysis, allowing protection within a short period of time. This provides a significant advantage compared to other jurisdictions that do require novelty studies. Among the most commonly protected products are automobiles, auto parts, tobacco products, and mobile phones.

A novel aspect of Argentine regulations is the possibility of protecting handicrafts, allowing not only mass-produced industrial products to be protected but also individual creations.

Requirements and Documentation

The registration form is digital and must be submitted online. The main figure of the model must be in JPG format, while additional ones must be in PDF format, with an adequate resolution (200-400 DPI).

An industrial model or design application can be individual or multiple. Up to 20 models or designs of the same class can be submitted in one application. Divisional applications allow the registration to be divided into several designs while maintaining the original filing date.

The right of priority, as established in the 1889 Paris Convention, grants applicants a six-month period from the first application to extend protection to other Convention member countries.

Novelty and Originality Requirements

A key aspect of Decree-Law 6673/63 is the requirement for novelty and originality. The design cannot have been disclosed or publicly exploited before filing the application, neither in Argentina nor abroad. However, the decree provides an exception: if the design was exhibited by the author or an authorized person in exhibitions or fairs, the novelty is maintained as long as the registration application is made within six months from the opening of the exhibition or fair.

Limitations and Exceptions

There are certain limitations to the protection of industrial designs in Argentina. According to Article 6 of Decree-Law No. 6.673/63, the following models cannot be protected:

  • Those that have been published or publicly exploited before the registration date.
  • Those that lack a novel configuration.
  • Simple changes of color in already known models.
  • Those based on the product’s technical functions.
  • Those contrary to morality, good customs, and public order.

Duration of Protection

The protection of an industrial design in Argentina has an initial duration of 5 years, with the possibility of renewing it for two additional periods of the same length, providing a maximum of 15 years of total protection. The renewal can be requested six months before expiration or up to six months afterward.

Conclusion

Registering an industrial model in Argentina under Decree-Law 6673/63 is an essential strategy for local and foreign companies looking to protect their designs in this market.

With a relatively simple registration process and protection lasting up to 15 years, this mechanism provides a significant defense against unauthorized copying.

For questions or inquiries regarding industrial model registration in Argentina, contact us.

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