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Industrial Design

In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article. An industrial…



In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article.

ID

An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.

Industrial designs are applied to a wide variety of products of industry and handicraft items: from packages and containers to furnishing and household goods, from lighting equipment to jewelry, and from electronic devices to textiles. Industrial designs may also be relevant to graphic symbols, graphical user interfaces (GUI) and logos.

What are advantages of industrial design?

  • Industrial design makes products to be presented in an aesthetic, attractive way to public.
  • Industrial design makes particular products recognizable from other products.
  • Industrial design has a positive influence on customers and increase marketing.
  • Industrial design for particular products prevents customers to get confused among vast similar products.

Why your ID should be protected?

In principle, the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy of the protected design, when such acts are undertaken for commercial purposes.

If you do not protect your industrial design(s) then it follows that you may not enjoy exclusive rights to them. Consequently, your competitors may take a product to market, incorporating your industrial design, without getting your permission.

So if a competitor or anyone else makes, sells or imports products bearing or embodying a design which is a copy (or substantially copy) of your industrial design without your consent, you will have no legal means to fight them. Moreover, it is likely that copies of the industrial design will be sold at a lower price as competitors do not have to recoup the investments made in the creative process. This could reduce your market share for the product in question and be harmful both to your firm’s reputation and to that of your products.

What conditions must be met to obtain ID protection?

In accordance to Iranian Industrial Property Office, an industrial design must have following criterion to be eligible for protection:

  • Novelty
  • Originality

The assessment of novelty and originality varies from country to country. In general, an industrial design is considered to be new or novel if it has not previously been disclosed to the public and it may be considered original if it significantly differs from known designs or combinations of known design features.

What practical steps should be taken to obtain an ID protection?

Once applicant of industrial design protection prepared required documents, submits electronic application online on Iranian Industrial Property Office (http://iripo.ssaa.ir).

Required documents to apply protection for ID:

  1. Applicant’s and designer’s identification documents.
  2. Agent’s identification documents (if applicable).
  3. In case of two dimensional, 5 specimens of design and/or graphical image of the feature.
  4. In case of three dimensional, 5 specimens of design and/or graphical image from all view of the feature.
  5. Official notice on postponing publication while indicating period of delay (if any).
  6. Official notice to inform Iranian Industrial Property Office about not releasing designer’s name in case of willing to keep it confidential.
  7. Application fee payment receipt.
  8. Priority claim within 15 days from application submission date (if any).
Author: manage
2019 August 27
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