An industrial design protects the appearance (design) of a product or its part, in particular its lines, contours, colours, shape, texture or material. In order for a design to be protected as a registered industrial design, it must be new and have individual character.
When assessing registrability, the authorities do not take into account features of appearance that are predetermined by the technical function of the product, nor features that must necessarily be reproduced in their exact shape and dimensions so that the product can be mechanically connected to or combined with another product.
A registered industrial design grants its owner the exclusive right to use the design and to prevent third parties from its unauthorised use. The owner may also grant a licence for the registered industrial design, establish a pledge right to it, or transfer it to another person.
Protection of an industrial design arises on the basis of an application filed with the competent authority – in the Czech Republic with the Industrial Property Office (IPO CZ), and in the European Union with the European Union Intellectual Property Office (EUIPO). The term of protection is five years from the filing date of the application and may be repeatedly renewed for further periods of five years, up to a maximum total term of 25 years, provided that the relevant renewal fee is duly paid.
Our law firm provides clients with comprehensive services in the field of industrial design registration – from the initial consultation and assessment of whether the proposed solution meets the requirements of novelty and individual character, through the preparation and filing of the application, to communication with the authorities throughout the entire registration procedure.
The service also includes recommendations regarding the scope of protection, strategic structuring of the application, and regular updates for the client on all steps during the registration procedure.
Registration of an industrial design provides an effective tool for protecting the appearance of your products, increases the value of your brand, and enables you to effectively prevent imitation by competitors.
