Industrial Designs

– The Industrial Designs Act  (No. 18 of 1996) and Rules (LN No. 179), in force since December 1, 1997.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since August 16, 1988.
– WTO’s TRIPS Agreement, since March 1, 1995.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since March 20, 1996.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 14, 2000.

Filing, Protection

Applicant: the creator, or his successor in title. 

Notion of design: any composition of lines or colors, any three-dimensional form or any material whether or not associated with lines or colors, where such composition, form, or material gives a special appearance to a product of industry or handicraft and appeals to or is judged by the eye. 

Criteria for registrability: must be new, and not contrary to public order or morality.

Novelty: universal novelty is required.

Classification: according to the Locarno Agreement. 

Multiple applications in the same class, or set, or composition of articles can be filed. 

Priority: Convention priority can be claimed within six months of first filing.

Beginning of protection: from the date of registration. 

Delivery of document: the registration certificate is issued in paper format only.

Duration: five years from the filing date.

Extension: renewable for two further consecutive periods of five years each, upon payment of a renewal fee six months prior to the expiry date of the registration; grace period: six months with fine.

Assignment – licenses: must be recorded in order to be effective against third parties.

Invalidation of a registered design: any interested party may apply to the court, on the grounds that the specified substantive requirements were not met; the applicant has no right to the design.

Filing requirements for an application (to be sent to resident agent):
1. Authorization of agent, no notarization or legalization required;
2. If the applicant is not the creator, a statement justifying the applicant’s right to registration of the design;
3. For a two-dimensional design, 4 graphic representations, drawings, or tracings;
4. For a three-dimensional design, 4 graphic representations, drawings, or tracings of each of the different sides of the design.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be sent at a later date.

For a change of name:
1. Change of name document as issued by the relevant government authority, original or a certified copy;
2. Authorization of agent, no notarization or legalization required.

For a change of address: no documents are required.