Considered as Industrial Design the ornamental plastic form of an object or ornamental set of lines and colors that may applied to a product providing a new and original visual result of its external appearance, serving as a model for industrial manufacturing.

The Industrial Design luckily has become the best known form of creation in our country, although it still does not have a conscience on the proper legal protection.

The Industrial Design is considered as new when not comprised within the state of the art, and considered as original when originating a visual configuration distinctive from other previous objects.

Note: The original visual result may derive from a combination of known elements.

The applicant shall submit:

• Application;
• Descriptive report, if any;
• Claims, if any;
• Drawings or photos;
• Field of application of the object;
• Evidence of payment of the fee concerning the deposit.

After the presentation, the application will be submitted to a formal preliminary examination, and if accompanied by the required documentation it will be docketed, its date of deposit being considered that of the presentation.

The application shall refer to one sole object, being allowed twenty variations for each application, provided they are all intended for the same purpose and maintain the same preponderant distinctive characteristic.

The drawing shall present clearly and sufficiently the object and its variations if any, so as to allow the reproduction thereof by a technician in the subject.

Once deposited the application for registration of the Industrial Design, it will automatically be published, with the simultaneous granting of the registration and issued the corresponding certificate.

By request of tha applicant, this can be maintained under secrecy for a term of 180 days as of the date of the deposit, and then processed.

The registration shall be effective for a term of ten years as of the date of the deposit, renewable for three periods of five years each.

The application for renewal shall be made during the last year of effectiveness of the registration, accompanied by evidence of payment of the corresponding fee.

Note: In case the request for renewal is not made till the expiry of the registration, it can still be made during the next one hundred and eighty days through payment of an additional fee.

The ownership of the Industrial Design is acquired by the registration duly granted. To the person who in good faith, prior to the date of the deposit or priority of the application for registration exploited the object in the country, is warranted the right to continue its exploitation free of cost, under the conditions established by the law.

The owner of the Industrial Design may request at any time the examination of the object of the registration regarding the aspects of novelty and originality.

The registration is extinguished:

I – by the expiry of the term of duration;
II – by the waiver of the title holder, safeguarding the rights of third parties;
III – by lack of payment of the legal fee;
IV – by non-compliance with the provisions of article 217 (power of attorney).

The holder of the registration is subject to the payment of a five year fee as of the second period of five years from the date of the deposit.

It should be noted that to render effective the above mentioned registration, a previous search should be made to verify the absence of impediments.