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INDUSTRIAL DESIGNS AND UTILITY MODELS
WHAT ARE INDUSTRIAL DESIGNS AND UTILITY MODELS?
The Polish industrial property law protects two types of rights: industrial designs and utility models. Industrial designs protect the external appearance of the goods, in particular their ornamentation, color and shape. Utility models protect technical solutions related to the shape or its structure.
The right to an industrial design is granted when the design is new and has an individual character. The right to register such a design lasts 25 years and covers the entire territory of the Republic of Poland. The holder of an industrial design may prohibit other entities from producing products that are identical to the registered design, but also those that do not make a different general impression on informed users.
The right to a utility model is granted by the PPO for 10 years and covers the territory of the Republic of Poland. The scope of protection is determined by the protective claims included in the pattern protection description.
HOW TO GET THE RIGHT TO EUROPEAN INDUSTRIAL DESIGN?
There is no concept of a utility model in the European Union. On the other hand, the equivalent of an industrial design is a Community design, which is granted by the European Union Intellectual Property Office – EUIPO. As it is in Poland, the protection of a Community design lasts 25 years and is divided into 5-year periods. After the registration of an industrial design, the owner acquires the exclusive right to use this design throughout the territory of the European Union, unless it is proved that the design was devoid of the novelty and individual character at the time of filing.
HOW TO GET THE RIGHT TO INTERNATIONAL INDUSTRUAL DESIGN?
WIPO, the World Intellectual Property Organization, gives the opportunity to register an industrial design in several countries with just one application form. The duration of protection is 25 years, unless a specific country grants the right for shorter period. The industrial design enjoys protection in those countries that have been designated by the applicant in the application form. The basic application fee is 397 Swiss francs, however, this fee must also be supplemented with fees individually determined by the each country in which protection is to be granted.
WHO NEEDS A INDUSTRIAL DESIGN OR AN UTILITY MODEL?
The industrial design is a law that is most often granted to entrepreneurs producing furniture and interior accessories, toys, jewelry, clothing or footwear.
The utility model, on the other hand, is of a technical nature, so manufacturers of machines, household appliances and construction industry producers are usually the ones interested in it.
Design rights protect the interests of entrepreneurs and minimize the risk of copying innovative solutions by market competitors. In the event of noticing disturbing actions of other entrepreneurs, it is possible to take legal actions against such behaviour.
HOW TO MAKE SURE THAT A DESIGN CAN BE REGISTERED?
Before applying for a design, a popular solution is to consult a attorney at law or patent attorney as to the existence of the prerequisites for protection. Such action allows you to save on the costs of proceedings before the Office, both in terms of filing and invalidating the design, if it turns out that the design was not new at the time of filing.
WHAT SERVICES DOES THE ATTORNEY AT LAW AND PATENT ATTORNEY PROVIDE?
Our law firm priovides following services in matters of industrial designs and utility models:
• preparing the documentation to apply for a right;
• represenation before the patent offices;
• preparing the response to oppositions;
• preparing oppositions;
• preparing revocation applications;
• preparing lawsuits;
• preparing trademark clearance reports;
• preparing registrability reports;
• preparing written legal advice;
• drafting licence agreements;
• drafting transfer of rights agreements;
• represenation before courts;
• negotiating agreements on behalf of a client.
+48 (58) 716 71 68