INDUSTRIAL MODELS AND DESIGNS
Brief Explanation of the Legal System
Industrial models and designs are the shape or appearance incorporated in or applied to an industrial object for ornamental and/or aesthetic purposes.
They are governed by Decree 6.673/63 and regulated by Decree No. 5682/65 and ratified by law 16.478 of 1964. Argentine legislation on Industrial Models and Designs applies to both nationals and foreigners on equal terms.
Prosecution in this case works more as a deposit system. The applicant should request protection following the formal requirements established in art, 10 of the law. The right may only be denied due to lack of any formality but not relying on any objection concerning the subject matter protected. No Substantive Examination is carried out, that is not Prior Art search is conducted
Essential Requirements and Subject Matter Protected
The requirements established by law for a industrial model or design to obtain protection are the following:
1) Absolute novelty
2) Different configuration from and own and novel features compared to existing models or designs
3) Configuration should not be imposed by the function of the product.
4) The new configuration should not be a mere change in colours of an existing model or design.
5) It should not affect moral and good practices, habits, or manners.
Namely, Industrial Models are based on three-dimensional objects, on the other hand, Industrial Designs are two-dimensional ornaments that may be applied on any kind of objects, even flat. As the administrative office distinguishes both kinds of institutions, the kind of deposit (industrial model or design) must be specified when filing the application.
Industrial models and designs are granted for a five-year-term counting from application/deposit date and may be renewed for two subsequent and consecutive five-year-terms.
Foreign Industrial Models and Designs Protection
Industrial models and designs protected in a foreign country may obtain protection in Argentina (revalidation) provided that they are filed within a period of six months as from the foreign application/deposit date. Duration of the right on such models and designs will never exceed the duration of the right in the country of origin.
Our Firm offers assistance for the protection of patents and utility models worldwide through a large network of specialized foreign associates.
This allows us to follow our clients’ international expansion, designing with them strategies adapted to the pace of their development.