Registration of Industrial Drawings/ Models
From the moment of the registration of the industrial drawing/model, the holder will enjoy an exclusive right for its exploitation, as well as the right of forbidding the third parties to carry out without consent or to reproduce, to fabricate, to commercialize or to offer for sale, to use, to import or to stock in the view of commercializing, offering for sale or the use of any reproduction in which the industrial drawing or model is incorporated or to which this is applied.
By industrial drawing it is understood the exterior aspect of a product or of a party of this, rendered in two dimensions, resulted from the combination of the main characteristics, especially lines, shapes, colors, the form, the texture and/or the materials; and/or the ornamentation of the product.
By industrial model it is understood the exterior aspect of a product and/or of a party of this, rendered in three dimensions, resulted from the combination of the main characteristics, especially lines, shapes, colors, the form, the texture and/or the ornamentation of the product.
The conditions for the registration of an industrial drawing/model are:
- The industrial drawing/model is new - this condition supposes that the industrial drawing/model submitted for registration is not identical regarding the significant details to any industrial drawing or model made public before the submission date of the petition or the priority invoked;
- The industrial drawing/model has individual character - condition which supposes that the global impression that it produces over the notified user is different from the one produced by any other industrial drawing or model made public previous to the submission date of the petition or the invoked priority date.
The industrial drawing/model can be registered:
- on national level - your company will acquire protection over the right only on the territory of the country in which the registration is made; the petition for the registration of the industrial drawings/models is submitted at the State Office for Inventions and Brands (SOIB) or at the specialized Offices from the countries in which your company carries out its activity;
- on community level - the right over the drawing/model is protected in all the countries members of the European Union; the petition for registration of the industrial drawings/models is submitted at the Office for the Harmonization of the Internal Market (OHIM/OAPI);
- on international level - the right over the industrial drawing/model is protected in the countries mentioned in the registration petition according to the Agreement in Hague; the registration petition of the industrial drawing/model is submitted at the World Intellectual Property Organization (WIPO/OMPI).
In order to obtain a registered drawing/model and in order to fully benefit from the rights conferred by this registration, the covering of the following steps is necessary:
- The verification of the previous registrations of industrial drawings/models identical or similar to the one which will be registered;
- The registration of the industrial drawing/model;
- The protection of the industrial property right over the drawing by: the formulation of oppositions upon the registration by third parties of any similar industrial drawings/models; the formulation of actions in non loyal competence, criminal complaints for the committing of infractions of imitation;
- The renewal of the industrial drawing/model.
No matter the modality of registration of the industrial drawing/model, on national, community or international level, this is protected from the submitting date of the registration petition, except for the case in which a priority is invoked (priority determined by a previous stock in another country or the priority for exhibition).
