Note: a new IP Law 21.355 introducing changes to the current Law 19.039 was published on July 5, 2021 and entered into force on May 9, 2022. The new Law introduces changes concerning industrial designs and drawings such as the extension of the protection term from ten to fifteen years. Further, a type of protection certificate of deposit of industrial designs and drawings is created, which will allow applicants to opt for the general registration process (that is, with background analysis) or opt for an abbreviated procedure to obtain a certificate of deposit. This certificate of deposit will allow its holder to obtain a certain date of presentation but will not be able to exercise infringement actions.

Notion: Industrial Design shall comprise any three-dimensional form associated or not with colors, and any industrial or craftsmanship goods, serving as patterns for the manufacture of other units, which is distinguished from similar designs by its form, geometrical configuration, ornamentation or a combination thereof, provided such features give to the design a special aspect perceptible to sight, in such a way as to result in a new physiognomy. Containers may be protected as industrial designs. Design right shall protect Industrial Drawings, defined as any flat layout, whole or combination of features, lines or colors, to be incorporated to an industrial product for its ornamentation, and which gives to the product a new appearance. Prints in textiles or any other laminated material can be protected as industrial drawings. 

Not protectable: clothing of any nature cannot be protected as industrial designs; industrial designs or drawings which appearance is solely dictated by their technical function; products consisting in a shape which must necessarily be reproduced in their exact form and dimension in order to permit the product in which the design is incorporated to be mechanically connected to or placed in, around, against another product, of which the industrial design is a part. The latter limitation shall not apply in case of designs serving the purpose of allowing multiple assembly or connection of mutually interchangeable products within a modular system.

Priority: six months for Convention applications.

Duration - extension: five years from the filing date with possibility of renewal by periods of five years up to a total term of fifteen years.

Marking of protected design: it must bear the expression: “Diseño Industrial” or “D.I.” and serial number of the patent. 

General provisions: those for patents of invention are applicable, where appropriate, without prejudice of above special provisions. 

Relationship to copyright protection: protection of a shape or a drawing by a design right shall not impact its copyright protection.