Industrial designs and models
What are Industrial designs and models?
These are rights that protect the ornamental character (aesthetic appearance) of a product or handicraft. Industrial models protect three-dimensional shapes and designs protect two-dimensional shapes.
What can be an industrial model?
For example, an industrial model could be the particular shape of a chair, a table or a lamp. Likewise, an industrial design could be the interface of a mobile application.
FAQs about Industrial designs and models?
Industrial Models and Designs are protected through their registration.
In Argentina, the right granted by the registration of an Industrial Model or Design is valid for 5 years. It may also be renewed for two additional periods of 5 years each. That is to say, a total of 15 years in case of renewing the registration.
According to the provisions of Decree Law No. 6673/63, industrial models and designs must be endowed with novelty and originality in order to be protected under such regulations. Novelty implies that it must be new and original and that it has not been publicly disclosed prior to the filing date of the application. On the other hand, originality implies that it must be different from existing designs.
No, rights on industrial models and designs are not worldwide rights, but protection thereto is granted by each territory.
The owner of the industrial model or design could initiate actions against whoever uses it without his permission.
Our services in relation to Industrial Models and designs
Industrial Models and Designs Registration
Industrial Models and Designs are registered with the National Institute of Industrial Property (INPI) and are valid for 5 (five) years as from their registration. Likewise, Industrial Models and Designs in Argentina may be renewed for two additional consecutive periods of 5 (five) years each. At Legal Core Group we register industrial models and designs both in Argentina and abroad, as well as renewals thereof.
Agreements
We advise on agreements involving industrial models and designs, including licenses, assignments, and other forms of use authorization. At Legal Core Group, we draft, review, and negotiate these contracts to ensure the rights and limitations are clearly defined and aligned with our clients’ interests.
Nullity of Industrial model or design
Decree Law 6673/63 allows the cancellation of an industrial model or design if it was registered i) by someone other than its author or ii) in violation of the law. Cancellation must be ordered by a federal court at the request of the interested party. At Legal Core, we represent clients in legal proceedings to request or defend against nullity claims related to industrial design registrations.
Industrial Design Enforcement
When a registered industrial model or design is used without its owner’s authorization, legal actions may be taken, such as cease and desist letters, pre-judicial mediations, precautionary measures, and/or lawsuits, to stop the infringement, preserve evidence, or claim damages caused by the illegitimate use. At Legal Core, we provide counseling on design infringements and propose a legal strategy to take action against the infringers.