Industrial designs - The Cracow University of Technology Library

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Industrial designs

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Industrial design is a new and original form of the product, suitable for multiple reproduction, manifesting in particular in its shape, surface properties, colour, drawing or ornament.

An industrial design is considered to be original if it differs in a clear manner from known designs and its features are not only a combination of features of known designs.

An industrial design constitutes the ornamental or aesthetic aspect of an article. It may have a similar function to a trademark, because a product with a special shape is well-recognizable, as is a trademark.

An industrial design shall be considered to be new if no identical design has been made available to the public. The design is considered to be identical to publicly available when it differs from it only in irrelevant detail. The design is not considered to be publicly available if it cannot reach people who professionally dealing with the relevant field.

An industrial design right is granted from the registration.

By acquiring the right from registration, the entitled person is granted the exclusive right to use the industrial design in a commercial or professional manner in the entire territory of the Republic of Poland.

The rights from design registration are granted for 25 years from the date of submit the application to the Patent Office, divided into five-year periods. The industrial design registration right is granted subject to the payment of a fee for the first period of protection.

Registration rights shall not be given to industrial designs, the use of which would be contrary to public policy or morality.

 

Recommended link:
WIPO - Industrial designs (new window)