In FAQ

1) What is industrial design?

It is a registration granted by the State that assures authors or other individuals or legal entities, the right to exclusive use of the ornamental plastic shape of an object or the ornamental set of lines and colors that can be applied to a product and that can serve as a type of industrial manufacturing.

The industrial design will be in force for 10 years and maybe extended for another 3 periods of 5 years, totaling up to 25 years of protection.


 

2) What are the requirements of an industrial design?

According to the Industrial Property Law, the industrial design must be new and original. Regarding the novelty, the design must be different from anything that has already been made accessible to the public before the date of its deposit, both in Brazil and abroad. As for the originality, the design should show distinctiveness to the other existing ones.


 

3) What cannot be protected as an industrial design?

What is contrary to morals and good customs is not registered as an industrial design; or that offends the honor or image of people; or attack freedom of conscience, belief, religious cult or idea and feel worthy of respect and veneration; the common or vulgar shape of the object or that determined essentially by technical or functional considerations.

Still, purely artistic works and, therefore, cannot be reproduced on an industrial scale, are also not protectable as an industrial design.


 

4) What is the industrial design registration procedure?

The application for registration of an industrial design must be submitted to the INPI, containing the deposit request, the Union Collection Guide, as well as reports, claims (if any), and drawings, which must be within the standards established by the INPI normative acts.

Once the industrial design registration application is filed, and formally appropriate, the industrial design will be automatically published and simultaneously granted, without any examination as to the requirements of novelty and originality.


 

5) Is it possible to request the exam for novelty and originality?

Yes, it is possible to request the exam for novelty and originality. The examination is recommended, mainly, in cases in which it is being reproduced or imitated by a third party, as the opinion can be decisive for obtaining urgent relief (preliminary injunctions) in lawsuits that refrain from use.


 

6) Is the registration of industrial design valid only in Brazil?

Yes, protection is ensured for industrial designs only in Brazil. If there is interest in protecting it abroad, it is necessary to apply for registration in each of the countries of interest, since there is an international treaty (Paris Convention) allowing the extension of protection to other countries within 6 months from the date of filing in Brazil.

 


 

7) What is the Hague Agreement?

Recently, Brazil filed the accession protocol to the Hague Agreement concerning Industrial Designs with the World Intellectual Property Organization (WIPO) in Geneva, Switzerland.

The Hague Agreement is an international registration system that offers the possibility of protecting industrial designs in 96 countries with a single international application filed with the International Bureau of WIPO. In effect in Brazil since August 1, 2023, the Hague Agreement simplifies the process and reduces costs for registering Industrial Designs abroad.

The Agreement specifies that Brazilians who file an international application can request protection for their Industrial Design in 95 countries, including the United States, Japan, China, Brazil itself, and the entire European Union.

Other main advantages of the Hague Agreement include: costs in a single currency (Swiss francs), instant electronic communications, centralized management of the Industrial Designs portfolio, and a single language (French, English, or Spanish).

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