Registration of industrial designs
Any combination of lines or colors and any three-dimensional shape with or without lines, colors, in such a way as to change the composition or shape of an industrial product or a handicraft product is an industrial design.
An industrial design can be registered when it is new or original. An industrial design is new when it has not been disclosed to the public by publication or by use in any other way before the filing date of the application or, as the case may be, before the priority right of the application for registration anywhere in the world.
FAQ
According to Article 20 of the Industrial Design Registration Law, any combination of lines or colors and any three-dimensional shape with or without lines, colors, in such a way that changes the composition or shape of an industrial product or handicraft product, is an industrial design.
No, according to Article 20 of the Industrial Design Registration Law, in an industrial design only access to a technical result without apparent change is not subject to the protection of this law.
- According to Article 21 of the Law on Patents, Industrial Designs, and Trademarks, an industrial design can be registered when it is new or original. An industrial design is new when it has not been disclosed to the public through tangible publication or use in any other way before the date of submission of the declaration or, as the case may be, before the priority right of the declaration for registration in any part of the world. The provisions of Clause (e) and Clause (f) of Article 4 of this law can also be applied to industrial designs. A change in the color and size of an industrial design does not result in the registration of a new design.
- If the disclosure of the industrial plan has been made within six months before the date of the request or, in appropriate cases, before the date of the priority right of the industrial plan, it will not prevent registration. (Article 4)
- An industrial design is considered original if it is created independently by the designer and is not a copy or imitation of existing designs ,in such a way that .it is different from the designs that have already been made available to the public.
- Prevent unauthorized copying and imitation by third parties, or in other words, the exclusivity of the design in terms of its production and supply in the market.
- Fair competition
- Upgrading the products in terms of aesthetics
- Increasing the value and credit of a company and its products
- Granting permission to use a project by the owner to other people for a certain period
- Ensuring the return of investment.
Yes, the creator of a design, i.e. the designer, is usually the first owner of the design unless there are special cases and conditions. For example, in most countries, if a person who is employed has created a plan according to the terms of the employment contract, that is, he has done this during working hours within the company and as part of his duties in the company, the plan and the related rights will belong to the employer.
According to Clause (d) of Article 28 (of the Law on Patents, Industrial Designs and Trademarks,) the validity of an industrial design will be 5 years from the date of submission of its registration statement. This period can be extended for two consecutive 5-year periods after paying the relevant fee. After the expiration of each period, which starts from the end of the period, a six-month deadline will be extended to pay the fee, and a late fee will be considered.
Industrial design refers to the appearance of a product, which examines the product from aesthetic aspects, but the invention refers to providing a technical solution to solve a problem that leads to the production of a new product or product.
Yes, according to Clause (a) of Article 28 (Patents, Industrial Designs, and Trademarks Law), exploitation of any industrial design registered in Iran by individuals is subject to the consent of its owner.
The owner of an industrial plan can assign the exploitation of his plan to others in return for receiving royalties. In these cases, the exploitation contract of the industrial plan must be drawn up between the parties, and the rights and conditions of exploitation should be mentioned clearly and accurately.
- For real person:
- Copy of birth certificate and national card of the designer
- Copy of birth certificate and national card of the owner or owners
- Photo of the design in different angles
- For a legal entity:
- Copy of birth certificate and national card of the designer
- Copy of birth certificate and national card of the signature owners
- Announcement of the establishment of the company
- The latest announcement of company changes
- Photo of the design in different angles.
The usual period of time to register an industrial design is 4 months.
Yes, the website of the Industrial Property Office at http://iripo.ssaa.ir is a suitable source for searching.
With a change in size, the design cannot be considered new, but with noticeable and original changes in the appearance of the design, it is possible to register the design by filling out the declaration again.
Yes, according to Article 24 (of the Law on Patents, Industrial Designs, and Trademarks,) two or more industrial designs can be registered and submitted in one declaration, provided that they are related to an international classification or related to a set or combination of components.
According to clause (b) (of the Law on Patents, Industrial Designs, and Trademarks,) exploitation of a registered industrial design means: manufacturing, selling, and importing items containing that industrial design.
- Designs that are not new or original
- Designs that are created only as a result of the product’s technical performance
- Designs containing symbols or official emblems
- Plans against public order or good morals