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International registration of industrial designs
The patent for industrial designs obtained in Ukraine is valid exclusively on the territory of Ukraine. If your plans include exporting products to other countries, in order to protect your products, you should obtain protection in these countries, that is, we are talking about international registration of industrial designs.
International registration of industrial designs by “PRIKHODKO & PARTNERS” lawyers – reliable protection of your industrial designs abroad.
An industrial design is the appearance of a part or the whole product. This is determined, in particular, by the contours, lines, shape, color, material or texture of the product.
The result of a person’s creative activity related to artistic design is often called industrial samples. Relations that arise after the acquisition and in the process of exercising ownership of an industrial design are regulated by the Law of Ukraine “On Protection of Rights to Industrial Designs” and the Civil Code of Ukraine.
Methods of international registration of industrial designs
Patenting is carried out on the basis of one of the following methods:
- Patenting according to the regional procedure
International registration of industrial designs is carried out by obtaining registration in the European Union.
- Patenting according to the international procedure
Patenting can be carried out in one or more countries that are members of the Hague system.
- Patenting according to the national procedure
Patenting is carried out in one or more countries that are valid members of the Paris Convention on the Protection of Industrial Property in each country separately.
Peculiarities of registration of industrial designs according to the Hague system
Registration of a patent for industrial designs in accordance with the Hague system allows the protection of intellectual property objects at once in several countries that are parties to the agreement.
Ukraine has ratified all acts and treaties of the Hague system. Thus, all guarantees of this system are available to Ukrainians. This is a financially beneficial alternative to the national procedure if the applicant is interested in registering a patent both in Ukraine and in other countries that are part of the Hague system.
Advantages of registration of industrial designs according to the Hague system:
- Payment of one fee to the International Bureau of WIPO and additional payment for each selected country. Thus, registration through the Hague system is more profitable than in individual countries according to the national procedure.
- In one application, several variants of industrial designs can be combined at the same time (the only condition is that they must belong to the same class according to the Locarno classification).
The following components will be required to register an application:
- Data about the applicant.
- Application for international registration of an industrial design.
- An image of an industrial sample.
- A document confirming the payment of fees for submitting documents.
- List of countries in which you will need industrial design protection.
According to the Hague system, the term of protection of an industrial design is at least 5 years from the date of international registration. The validity of international registration can be extended every 5 years. For this, you need to pay a duty (this is established by the rules of the Hague system).
A very important stage is the examination of industrial samples. Upon receipt of all necessary documents, the application is checked for compliance with formal requirements. In fact, the examination is carried out by the national departments of the countries whose legislation provides for it. The examination will take about 6 months. If the applicant is denied registration, an appeal can be filed to contest the examination results.
If you want to register industrial designs in countries that are not part of the Hague system, we make an application and apply directly to the patent office of that country with a package of prepared documents. Thus, you will receive industrial design protection directly in the selected country.
The cost of registering an industrial design for an international application
Three types of duty must be paid for an international application:
- The basic fee is about 397 Swiss francs for 1 application.
- Standard duty, individual duty – about 100 Swiss francs.
- The publication fee is 17 Swiss francs + 150 francs for each page of the description of the industrial design.
The indicated price is indicative. “PRIKHODKO & PARTNERS” specialists will help you calculate the exact cost of international registration of international samples.
The assistance of our company’s lawyers regarding the registration of industrial designs is as follows:
- Development of registration/patenting strategy.
- Conducting a preliminary search for originality and novelty according to available databases.
- Legal support and application submission.
- Preparation of responses to examination requests (as needed).
Do you still have questions? Sign up for a preliminary consultation. Leave a request for consultation and calculation of the price of registration of industrial designs or call the indicated numbers. We will be happy to help you!
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