By: Marcus J Zanon, 10/07/2024.

Introduction

Industrial design is crucial in distinguishing products in the market through their aesthetic and functional qualities. For designers and manufacturers, understanding the protection mechanisms available in various countries is essential. This overview compares the industrial design protection frameworks in the United States and Brazil, providing a clear guide for navigating these legal landscapes.

United States: Design Patents

In the United States, industrial designs are protected under the design patent system, overseen by the United States Patent and Trademark Office (USPTO). Key features include:

• Criteria for Protection: To qualify for a design patent, the design must be novel, non-obvious, and ornamental. The protection hinges on the “ordinary observer” test, which prevents consumer deception over similar designs.
• Protection Term: Design patents grant an exclusive right to use, manufacture, and sell the design for 15 years from the date of patent issuance.

Brazil: Industrial Design Registration

Brazil approaches industrial design protection through a registration system managed by the Brazilian Institute of Industrial Property (INPI), focusing on efficiency and accessibility:

• Criteria for Protection: Emphasis is placed on the novelty and unique visual identity of a design. The system does not require the design to be non-obvious, which simplifies the registration process.
• Protection Term: In Brazil, design protection can last up to 25 years, initiated by a 10-year term with the possibility of renewal for three successive five-year periods.

Comparative Insights

• Basis of Protection: The U.S. system involves a detailed legal evaluation of design aspects, while Brazil’s system is more streamlined, emphasizing rapid registration.
• Duration and Renewal: Brazilian design protection offers a longer potential duration compared to the U.S., which can be strategically advantageous for long-term product development.

Operational Challenges

• Enforcement: In the U.S., enforcing design patents can be costly and complex, often involving litigation that scrutinizes the design’s uniqueness and prior art. In contrast, Brazilian enforcement tends to be more direct, mainly concerning the infringement of registered designs.
• Economic Impact: Both countries recognize the significant economic impact of design protection, which drives domestic innovation and attracts foreign investments. Effective design protection is critical for maintaining competitive advantages in global markets.

Conclusion

Understanding the nuances of industrial design protection in the U.S. and Brazil is vital for businesses and creative professionals operating internationally. Recognizing these differences helps in developing informed protection strategies and fostering innovation. As the global landscape of trade and design legislation continues to evolve, staying informed about these legal frameworks is crucial for navigating future challenges and opportunities.