When we talk about intellectual property, we normally differentiate IP law – meaning Copyright – and Industrial Property Rights. Among the industrial property rights, we can find trademarks, patents and industrial designs.
An industrial design grants protection over the aesthetic aspects of a product. This aspects can be three-dimensional or bidimensional. Clear examples are the original and new shape of a chair, the shape of a shoe and/or a specific designed applied to any product.
For companies looking to protect their industrial designs in Argentina, this post can be useful as it clears out the most FAQs on how to register an industrial design in Argentina.
FAQS on how to register an industrial design in Argentina
Industrial designs are registered in Argentina before the National Institute of Industrial Property (INPI)
No, industrial designs are territorial. Therefore, the protection must be seek in each country of interest. However, the Hague System allows to register an Industrial Design in 74 different countries.
The law establishes that industrial designs must be new and original in order to be registered. This means that the design must not have been disclosed in the country nor abroad before the filing date. However, the law admits a six months grace period for disclosures made by the author or his/her legitimate successors, as well as disclosures made by third parties on bad faith and publications made erroneously by the Department of Industrial and Model Designs. For concerns regarding the novelty of your industrial design, contact us.
A Power of Attorney as well as drawings or pictures of the design. Descriptions can also be filed. Please note that some specifications must be taken into account that will be informed to the client prior to filing the application.
Industrial designs in Argentina are registered for a period of five years which can be renewed for two additional periods of five years each.
Industrial designs in Argentina can be registered normally within one week, depending on whether the Office has observations or not.
If you are looking to register your industrial designs in Argentina, contact us.