In our series of posts explaining the differences between intellectual asset classes, today we're going to look at INDUSTRIAL DESIGN.
Industrial Design is the ornamental plastic form of an object - for example, the design of a product or the set of lines applied to a product, such as a print - which give it a new and original visual result and which can be manufactured in industry. Registration is carried out at INPI, and the patent guarantees the owner the right to prevent third parties from manufacturing, using, exposing for sale or importing the product which is the subject of the design. It is initially valid for 10 years from the date of filing and can be extended for three successive periods of 5 years each, bringing the total validity to 25 years.
As with patents, it is extremely important that there is no disclosure of any kind (anything that is made accessible to the public, such as publications of articles, presentations at lectures, exhibitions at fairs, etc.) about the subject of the industrial design application before the application is filed with the INPI, otherwise it will fall into the public domain.
One example is Industrial Design Registration DI 6304784-5, held by Nike Innovate C.V. (US), which describes the configuration of a pair of sports shoes.
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