ElMar-IP Agency

An industrial design is a result of a creative activity of a human being in the field of artistic designing. It is the ornamental or aesthetic aspect of an article. The design may have three-dimensional features (shape of an article) or two-dimensional features (patterns, lines or color). In order to be protected an industrial design must conform to certain conditions that are prescribed in the corresponding laws and regulations of a country where the protection is applied for. Among such conditions are the following:

  • Industrial design must be new;
  • Industrial design cannot contradict public order or morality.

The property right on an industrial design is certified by a patent. The scope of the legal protection granted is determined by the totality of essential features of an industrial design presented at the design view and interpreted in the design description.

A design patent owner has an exclusive right to use and dispose the industrial design as well as to prohibit others from using this industrial design without the owner’s consent within the patent validity term. After the expiration of the patent validity term the industrial design becomes available to commercial exploitation by others.