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DESIGN FAQ

Frequently Asked Questions on Designs

The design shall be the appearance of the whole or a part of a product resulting from the features of, the line, contour, color, shape, material, or texture of the product itself or its ornamentation. Product means any industrial or handicraft item, including parts intended to be assembled into a complex product, products like packaging, presentations of more than one object perceived together, graphic symbols, and typographic typefaces, but excluding computer programs.

A design shall confer on its holder the exclusive right to use it. Third parties without the consent of the design right holder cannot produce, put on the market, sell, import, use for commercial purposes or keep in stock for those purposes the product in which the design is incorporated or to which it is applied, or cannot make a recommendation for the contract.

The unregistered design gives the right owner the right to prevent acts mentioned in the first paragraph, in case copies of identical designs or in respect of overall impression copies of indistinguishably similar designs are used. A design by an independent designer not being able to know through reasonable ways that the protected design is presented to the public prior to his design, shall not be deemed to have copied the design in the scope of the protection.

The term of protection of unregistered designs covers a period of three-year as from the first presentation date to the public of the design for which protection is demanded.

As regards unregistered designs, designs presented to the public pursuant to Article 57, the right owner has the authority to institute the legal proceeding due to the violations of the design right.