What is industrial design?

According to the Law of Industrial Property, an industrial design is the ornamental visual form of an object or the ornamental set of lines and colors that may be applied to a product to present a new and original external appearance.

What are the requirements of an industrial design?

An industrial design must be new and original. “New” means different from everything that has become accessible to the public before the date of filing, either in Brazil or abroad. “Original” means distinct from existing designs.

What may not be registered as an industrial design?

Anything contrary to morals and good customs may not be registered as an industrial design; nor anything that offends a person's honor or image; or violates freedom of conscience, faith or religious services or beliefs and feelings worthy of respect and worship. Also not to be registered are the ordinary or common form of the object or that which is determined essentially by technical or functional considerations.

What is the registration procedure?

Once the application for registration of an industrial design is filed and determined to be appropriate in formal terms, it is automatically published and simultaneously granted. This means that INPI (the Brazilian PTO) does not examine the application for innovation and originality unless such an examination is requested.

What is the advantage of applying for an examination of innovation and originality?

It is always advisable to apply for an official opinion on the merits of innovation and originality of an industrial design, because if it is copied by an unauthorized third party, this opinion is essential in obtaining an injunction.

What period of protection is afforded to an industrial design?

An industrial design will be protected for 10 years, but this period may be extended for another 3 periods of 5 years, totaling 25 years of protection.

Also sees

INTELLECTUAL PROPERTY

TRADEMARK

PATENT

INDUSTRIAL DESIGN

COPYRIGHT