Registration of industrial design

An industrial design means the external appearance of the whole or a part of a product resulting from its features, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/ or its ornamentation.

An industrial design shall be granted protection provided that it is new and has individual character.

One of the benefits of industrial design protection is the exclusive right to use and ban its use by third parties without the right holder`s permission during the whole period of validity of the industrial design concerned.

A registered industrial design shall be protected during a period of 5 years from the filing date. The certificate of registration may be renewed for more periods of five years each, up to a maximum of 25 years from the filing date.

Registration of industrial designs on the territory of the Republic of Moldova has no effect on the territories of other states. To obtain protection in one or more foreign countries, industrial designs should be recorded in each country separately. This may be done by submitting separate applications in each country concerned or by submitting a single application through the Hague Agreement Concerning the International Registration of Industrial Designs. According to the Hague Agreement, applications for an international registration shall be filed with the World Intellectual Property Organization personally or through the AGEPI.

The Hague System for the International Registration of Industrial Designs is a centralized registration system, through which you may e-file up to 100 designs and seek protection in 64 territories through filing one single application that would serve for claiming priority in further filings.

INTELSTART services include:

• get advice on the procedure for registration of industrial designs and its possible pitfalls;
• get a preliminary opinion as to whether your industrial design meets the registrability requirements;
• industrial design registration in Moldova and other countries;
• filing design application;
• conducting searches;
• strategic legal consulting regarding the process of design registration;
• draft a license agreement and a rights transfer agreement for an industrial design registered in the territory of Moldova;
• monitoring the terms of payment of fees for maintaining validity of certificates for industrial design;
• representation before law enforcement authorities;
• preparation of expert opinions of specialists on the facts of infringement of industrial property rights;
• advising in relation to protection from unfair competition;
• representation before law enforcement authorities.