Registering Your Design Ensures That A Competitor Cannot “free-ride” On Your Design By Having A Product That Has Similar Appearance Or Shape
A design refers to the new or original features of shape, configuration, pattern or ornament that are applied to an article. A design must be distinctive and give an article a unique appearance.
A registered design protects the visible features of shape, configuration, pattern or ornament applied to an article, by any industrial process, which appeal to the eye.
Kindly note that disclosure of a design before filing an application may destroy its novelty. Therefore, to obtain a valid registration, the design owner should apply for registration before marketing the product or within 6 months from the filing date of the first application.
Benefits of Registering a Design
A registered design can become a valuable business asset that can be bought, sold, transferred or licensed like any other property. Registration can make a design searchable by the public who may be potential licensees, stockists, investors or customers. A registered design can add value to a product and increase market awareness of your business, as the design is often what makes it attractive to the customers.
Registration provides a stronger protection for your design and legal action can be taken if someone copies your design without your permission. This legal protection gives you the exclusive trade right to that design for a certain number of years and improves the market competitiveness of your business.
The 8th edition of the International Design Classification (IDC), issued by the World Intellectual Property Organization, classifies designs into 32 classes and 223 sub-classes.
Documents to be provided
1.A short descriptive title (not trade names) for the article or articles.
2.Presentations of your design. Representations are line drawings or pictures showing different views of the article or articles, including perspective, front, back, left, right, top and bottom views.
3.A brief statement of novelty focusing on any non-functional and visual features of the design.
4.A copy of the Certificate of Incorporation or Business Registration Certificate or anything of similar nature which shows the name and address of the applicant.
5.A priority document when priority is claimed. The document can be filed within 3 months after the filing date of the application.
6.Power of Attorney (POA) letter as required by some countries/regions.