What is Industrial Design Protection?
Industrial design protection is a form of intellectual property protection that grants exclusive rights to the owner of an industrial design for a period of time, usually 10 years. During this time, the owner has the right to prevent others from manufacturing, importing, or selling products that infringe on their design. The purpose of industrial design protection is to encourage innovation and creativity, while also promoting fair competition and preventing unauthorized use of a designer’s work.
Industrial Design Protection in Brazil
In Brazil, industrial design protection is regulated by Law No. 9.279/96, which establishes the rules and procedures for obtaining and maintaining industrial design registrations. The law defines an industrial design as “the ornamental or aesthetic aspect of an object that has a practical function, or that can be used in industrial applications.” The law also specifies the requirements for obtaining protection, which include:
To obtain industrial design protection in Brazil, an application must be filed with the INPI. The application must include a description of the design, drawings or photographs of the design, and a statement of the product to which the design will be applied. The INPI will examine the application to ensure that it meets the legal requirements for registration.
If the INPI approves the application, the industrial design will be registered and the owner will be granted exclusive rights to the design for a period of 10 years. The owner can then use the registered design to prevent others from manufacturing, importing, or selling products that infringe on their design.
Renewal of Industrial Design Protection
Industrial design protection in Brazil is valid for a period of 10 years from the date of registration. However, the owner can renew the registration for an additional period of 10 years, provided that they file a renewal application with the INPI before the expiration of the initial registration. The renewal application must include a declaration that the design is still in use, and the payment of a renewal fee.
Infringement of Industrial Design Rights
If someone uses an industrial design without the owner’s permission, they may be infringing on the owner’s rights. In such cases, the owner can take legal action to prevent the infringing activity and seek damages for any harm that they have suffered as a result of the infringement.
In Brazil, industrial design infringement is governed by the Industrial Property Law, which provides for civil, criminal, and administrative actions against infringers. Civil actions may be filed to obtain compensation for damages suffered as a result of the infringement. Criminal actions may be filed to seek the imposition of fines or imprisonment of the infringer. Administrative actions may be filed with the INPI to seek the cancellation of the infringing design registration.
Conclusion
Industrial design protection is an important aspect of intellectual property law that promotes innovation and creativity in the industrial sector. In Brazil, industrial design protection is governed by the Industrial Property Law and enforced by the INPI. Industrial design owners can obtain exclusive rights to their designs for a period of 10 years, which can be renewed for an additional 10 years. Infringement of industrial design
