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Topic: Industrial design law


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In the News (Wed 15 Feb 12)

  
  ROMINVENT - Industrial Design Law   (Site not responding. Last check: 2007-11-04)
The rights in industrial designs shall be recognized and protected by the grant of a title of protection by the State Office for Inventions and Trademarks, under the conditions of this Law.
Industrial designs whose purpose and appearance are contrary to morality or public policy shall be excluded from protection.
A certificate of registration of an industrial design granted by the State Office for Inventions and Trademarks shall be cancelled, either wholly or in part, at the request of interested parties, where it is established that the conditions for protection were not met on the date of registration of the application.
www.rominvent.ro /html/law_design.html   (2285 words)

  
 ESA - Intellectual Property Rights - About industrial designs
The design may be three-dimensional based on the shape or surface of the object, or two-dimensional based on the object’s patterns, lines or colours.
Legally, “industrial design” is the title granted by an official authority, generally the Patent Office, to protect the aesthetic or ornamental aspect of an object.
Industrial design rights are granted to the creator of designs to reward them for their effort and investment in manufacturing the product.
www.esa.int /SPECIALS/Intellectual_Property_Rights/SEMIKQL26WD_0.html   (518 words)

  
 Republic Of Latvia Law on Industrial Design Protection
(6) The industrial design patent owners and the owners of the right to use the industrial design shall be entitled to mark articles in which the patented industrial design is used, with a warning sign consisting of the encircled letter D or specific wording intended to warn of the industrial design protection.
This notification may also be submitted by the industrial design applicant simultaneously with the filing of the application or during the period of its examination.
Criminal responsibility shall be applicable in accordance with law for the misappropriation of authorship, non-voluntary renunciation of authorship, compulsion to co-authorship and the disclosure of the essence of the industrial design without the designer's consent, before the designer or his legal successor, or the Patent Office, has published the application materials.
www.alfa-patents.lv /design.html   (4368 words)

  
 Industrial design rights - Wikipedia, the free encyclopedia
Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian.
An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value.
Canada's industrial design act affords ten years of protection to industrial designs that are registered; there is no protection if the design is not registered.
en.wikipedia.org /wiki/Industrial_design_rights   (498 words)

  
 Shapiro Cohen -The Law of Industrial Design   (Site not responding. Last check: 2007-11-04)
An industrial design is a shape, pattern, ornamentation or configuration (or any combination of these features) applied to a finished article that appeals to the eye.
Examples of industrial designs include the shape of a flower vase, the pattern of treads on a tire, or an ornamentation or design applied to china dinnerware.
Designs that are solely dictated by a function of the article, or a method or principle of manufacture or construction are not registrable.
www.shapirocohen.com /lawinddesign.htm   (1327 words)

  
 Why protect industrial designs
Industrial designs are what make an article attractive and appealing; hence, they add to the commercial value of a product and increase its marketability.
When an industrial design is protected, the owner - the person or entity that has registered the design - is assured an exclusive right against unauthorized copying or imitation of the design by third parties.
Generally, industrial design protection is limited to the country in which protection is granted.
www.wipo.int /about-ip/en/about_id.html   (445 words)

  
 Guide to Industrial Design Intellectual Property | Arvic - Your Trademark Agent and Corporate Paralegal firm ||
An industrial design is the shape, pattern or ornamentation applied to a useful article that is mass produced.
Industrial design registration is valid only if applied for and obtained in the name of the proprietor.
Designs registered prior to January 1, 1994 are valid for five years and may be renewed for a second five-year period by sending the Office a letter of request along with the renewal fee.
www.tmweb.com /industrial_design.asp   (6048 words)

  
 LLTM.PH Laguna Lake Trade Marks :: Design
Definition of Industrial Design--An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors.
Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to public order, health or morals shall not be protected.
The Term of Industrial Design Registration--The registration of an industrial design shall be for a period of five (5) years from the filing date of the application and renewable for two (2) consecutive terms.
www.lltm.ph /Design.htm   (316 words)

  
 Text of Document
An industrial design must be new and must have individual characters and be not contradictory to the principles of public morality.
A representation of the industrial design shall be produced in the Industrial Design Register of the Republic of Lithuania and the data concerning the issuance of the industrial design certificate, its use and protection shall be included in it.
I promulgate this Law enacted by the Seimas of the Republic of Lithuania.
www.litlex.lt /Litlex/Eng/Frames/Laws/Documents/335.HTM   (2098 words)

  
 IPR Primer: INDUSTRIAL DESIGNS - Why and How To Protect Industrial Designs (by WIPO)
Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.
This means that an industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.
In most countries, an industrial design must be registered in order to be protected under industrial design law.
www.1000ventures.com /business_guide/ipr/ind_designs_main_bywipo.html   (628 words)

  
 Tra & Associates
An industrial design is the external appearance of a product represented by lines, forms and colors or the combination of these elements, which has world-wide novelty and may be served as a pattern for manufacturing handicrafts and industrial products.
The term of patent for industrial design is 5 years from the filing date with the possibility to be renewed for further two (2) five-year periods.
All patent applications for industrial design, which have been officially accepted by the NOIP, shall be published in the Industrial Property Gazette within the second month from the date of the Notification of Acceptance as to Form.
www.tra-associates.com /industrial_designs.htm   (269 words)

  
 Desing law 129
In case the industrial design is made by the employee within his employment duties explicitly entrusted to him, the right to be granted the certificate of registration belongs to the employer, except for the cases when otherwise provided for by the contract.
Disclosure of the industrial design made through an abuse to its author or to his successor in title, occurred within twelve months before the date of filing of the application or the priority date shall not be taken into account.
Within twelve months from the date of publication of the application, the Board decides to accept or to reject the registration of the industrial design, as the case may be, or may ascertain the abandonment or the withdrawal of the application.
www.osim.ro /index3_files/laws/design/designlaw129-92.htm   (4796 words)

  
 Industrial Design Law   (Site not responding. Last check: 2007-11-04)
—(1) The designer shall always have the right to be specified as the designer of the industrial design in all the documents and public presentations, irrespective of the fact whether he is the applicant or the right holder.
In the procedure for the grant of the industrial design rights under the provisions of the International treaties the Republic of Croatia is a member thereunder, the provisions of this Law shall apply to all the issues not regulated by these treaties.
A legal action related to the infringement of an industrial design right may be instituted within three years upon the knowledge acquired on the infringement and the infringing person, and not later than within five years from the infringement act.
www.wipo.int /clea/docs_new/en/hr/hr006en.html   (5210 words)

  
 Design Patents: Alternative Protection for Articles of Manufacture
Rather, because design patents are directed to the design of an article of manufacture, it is recognized that the design necessarily serves a utilitarian purpose.
Id. Thus, in design patent obviousness analysis, a proper base reference must be found such that the design is fundamentally similar to the base reference; then, the query is whether a skilled designer in the art would have had a suggestion to combine the cited references.
Design patents protect the patented design against all subsequent designs of the product which are "substantially similar" for the specified term of the patent grant.
www.myersbigel.com /pat_articles/pat_article10.htm   (2553 words)

  
 University of Baltimore School of Law - William T. Fryer III   (Site not responding. Last check: 2007-11-04)
He organized in 1989 and 1996 national conferences on industrial design protection, and coordinated publication of selected papers from these conferences.
His other recent activities include consulting on the development of U.S. and foreign laws for improved design protection, and participating in meetings of experts at the UN-World Intellectual Property Organization (WIPO), Geneva, Switzerland, on patent law harmonization and revision of the Hague Agreement on industrial designs.
In 1996, 1997, and 1999 he coordinated an intellectual property law program in Indonesia for law professors, and in 1997 he participated in a WIPO intellectual property law workshop for Indian professors at the India National School of Law in Bangalore, India.
law.ubalt.edu /faculty/fryer.html   (475 words)

  
 Coalition Provisional Authority Order Number 81: Patent, Industrial Design, Undisclosed Information, Integrated ...
The owner of a protected industrial design shall have the right to prevent a third party not having the owner's consent 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.
The design is original in the sense that it is the result of its creator’s own intellectual effort and is not commonplace among creators of integrated circuit designs and manufacturers of integrated circuits at the time of its creation; and
The design may have a lien against it or be levied, which shall be published in the Official Gazette.
www.mindfully.org /Farm/2004/Iraq-Plant-Variety-Law26apr04.htm   (7442 words)

  
 Nexus Law Group LLP - Intellectual Property Lawyers, Patent Agents and Trademark Agents, located in Vancouver, British ...
An industrial design is the features of shape, configuration, pattern or ornament (or any combination of these) applied to manufactured articles.
The design must be original and have features that appeal to the eye.
In order to protect an industrial design from being copied, the industrial design must be registred.
www.nexuslaw.ca /design.html   (97 words)

  
 10/23/97 Committee on the Judiciary - Fryer Statement
The design patent term is 14 years from the issuance of the patent.
The plug transfers the design shape to the mold, in a concave form, and the mold transfers the design to a hull with the usual convex vessel hull shape.
The general industrial design legislation, H.R. 1790, was so broadly based that certain industries could not agree on whether such protection was needed, and Congress would not take a stand for protection of innovation and creative work, that would have forced a compromise.
judiciary.house.gov /judiciary/41113.htm   (5858 words)

  
 Malaysia Intellectual Property - Patent Law
A patent is a document issued by the government office which describes the invention and creates a legal situation in which the patented invention can normally only be exploited (made, used, sold, imported) by or with the authorization of the patentee.
Malaysia is a signatory of the Paris Convention thus providing further safeguards in the field of industrial property in the country.
Malaysia’s industrial property laws accord the same treatment for both nationals and foreigners.
www.lawyerment.com.my /intellectual/patent.shtml   (301 words)

  
 University of Baltimore School of Law Intellectual Property Law Journal   (Site not responding. Last check: 2007-11-04)
Other backgrounds that encouraged the formation of the Journal was the 1989 UB School of Law two day National Conference on Industrial Design Law and Practice, followed by publication in its Law Review of the articles from that conference (19 UB L. Rev. Issues 1 and 2, 1990).
In 1996, a second National Conference on Industrial Design Law and Practice was organized by UB School of Law and cosponsored with the American Intellectual Property Law Association.
For example, the patent law subjects of first-to-file and first-to-invent were debated in the Journal by former Commissioner of Patents and Trademark Don Banner (Vol.
law.ubalt.edu /iplj/history.html   (401 words)

  
 FRYER INSTITUTE NEWSLETTER NO. 7 ON INDUSTRIAL DESIGN PROTECTION
This event was a major step in the development of a more global system for administration of design registration, as well as laying the foundation for more extensive international harmonization of procedure and substantive design laws.
The FICPI Designs Symposium in 2001 was another of the major events that have created better understanding of industrial design related treaties and national laws.
These issues need to be addressed, and the law clarified, to be sure that design patents are receiving appropriate scope of protection..
www.fryer.com /wsnl7--B.htm   (1047 words)

  
 Industrial Contractors Incorporated
Industrial Contractors brings years of experience and crucial management expertise to the Design/Build process.
In fact, ICI has received an invitation from Harvard University of Cambridge, Massachusettes to lead a three day seminar on Design/Build at the prestigious Harvard Graduate School of Design for the past three years.
Two additional team members brought in from other areas of the country bring expertise from the Owners view, and extensive legal experience in all phases of law representing contractors and designers in addition to private and municipal owners and sureties.
www.industrialcontractors.com /DesignBuild.html   (197 words)

  
 Industrial Design - Canadian Law Firm
Examples range from the shape of an automobile part to that of a lamp.  Protection in Canada for these objects is achieved through the grant of a registration under the Industrial Design Act.
Such a registration provides protection for the shape or configuration of the object for a period of up to 10 years.
Osler’s Intellectual Property Department has provided counsel to many companies in this area of the law and has vast experience in identifying and resolving issues around the protection of valuable industrial designs.
www.osler.com /expertise_ip.aspx?id=10431   (166 words)

  
 Design Law Group: Design Patent Protection and Expert Witness
Design Law Group: Design Patent Protection and Expert Witness
copyright and industrial design legal matters, and serves as a consultant
and/or design patent expert witness in design patent litigation.
www.designlawgroup.com   (87 words)

  
 Industrial Design Law - Perley-Robertson, Hill & McDougall LLP - Law Firm
Industrial Design Law - Perley-Robertson, Hill & McDougall LLP - Law Firm
We provide a full range of professional legal and agency services relating to industrial designs, including preliminary searching, drafting, filing, and prosecution of industrial design applications.
We also provide opinions on the registrability of industrial designs, validity, title and infringement, as well as litigation in the case infringement has been determined.
www.perlaw.ca /en/practice-areas/industrial_designs.asp   (77 words)

  
 Design Registration Law - Perley-Robertson, Hill & McDougall LLP - Law Firm
We provide a full range of professional legal and agency services in relation to designs and the registrability for trade marking for such designs.
Our services include preliminary searching, drafting, filing and prosecution of design applications.
We also provide opinions on the registrability of designs, validity, title and infringement, as well as litigation in the case an infringement has been determined.
www.perlaw.ca /en/practice-areas/design_registration.asp   (87 words)

  
 Santa Clara University School of Law : Academics: Intellectual Property Overview   (Site not responding. Last check: 2007-11-04)
An overview of U.S. trademark, patent, copyright, trade secret and industrial design law.
Note: This course is not applicable toward the High Tech Law Certificate.
Students should also check the current course schedule to view any semester- specific changes to the course description, units, or grading options.
www.scu.edu /law/academics/courses/cor_1135.html   (120 words)

  
 Laws 4 India - Intellectual Property Rights in India   (Site not responding. Last check: 2007-11-04)
Laws 4 India - Intellectual Property Rights in India
An Excellent Portal on Indian laws - Laws 4 India
Designed and developed by Lex Infotax (India) Pvt.
www.laws4india.com /ipr.asp   (194 words)

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