MODELS AND DESIGNS
Brief Explanation of the Legal System
Industrial models and designs in Argentina are governed by Decree 6.673/63 and regulated by Decree No. 5682/65 and ratified by Law 16.478 of year 1964. Argentine legislation on Industrial Models and Designs Models applies equally to nationals and foreigners, with the exception of the latter in case their county of origin´s legal system does not provide for similar protection to Argentine nationals.
Essential Requirements and Subject Matter Protected
Industrial models and designs are the shape or appearance incorporated in or applied to and industrial object for ornamental and/or aesthetic purposes. 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 self and novel feature 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 Industrial (Model/Desing) deposit, the kind of deposit must be specify at the moment of filing the application.
Industrial Model and Design Prosecution
Prosecution in this case works more as a deposit system. Applicant should request protection following formal requirement established in article 10 of the Law. The right may only be denied due to lack of any formality but not relying in any objection concerning the subject matter protected. No Substantive Examination is carried out, that is not Prior Art search is conducted
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.