INDUSTRIAL DESIGNS

CONCEPTS:

  • Industrial model or design registrations are granted to protect the appearance or shape incorporated in or applied to an industrial product and which confers an ornamental character to it. An industrial model refers to three-dimension (space) design, while a desing model (also colled industrial drawing) involves a design in two dimensions (plane).
  • A registration may be obtained for a design or model provided that it has not been published or used in Argentina or abroad.
  • Priority bases: first-to-file


LEGISLATION: 

  • Industrial Model And Design Law (Law Decree Nº 6673 -9/8/63).
  • Argentina is a party to the Paris Convention.


TERM:

  • The duration of a design is of 5 years, renewable for two 5 year terms.


APPLICANTS:

  • All physical or legal entities, national or foreign, are entitled to obtain design and models.
  • The design made by employees in the course of their employment belongs to the inventors, except that they were hired to develop the spececific design activities. 


DOCUMENTS REQUIRED FOR FILING THE APPLICATION:

  • Power of Attorney, notarized and legalized by Appostille or by the Argentine Consulate. It must be submitted within ninety (90) days from the filing date in Spanish.
  • If an international priority under the Paris Convention is claimed, the following are the requirements:
    • Country and application number and date of the priority. This information must be stated when filing in Argentina.
    • Priority documents. They must be filed within ninety (90) days from the filing date in Argentina, together with a sworn translation into Spanish. 


ASSIGNMENTS:

  • Industrial Designs and Models may be transferable and licensed totally or partially. The assignment becomes enforceable against third parties, only after it has been recorded before the Patent and Trademark Office (INPI).
  • The following are the required documents:
    • Assignment document. Both parties must sign;
    • If a party is a foreign person, the signature must be notarized and certified by Appostille or Argentine Consul. A Power of Attorney signed by the party, unless included in the assignment document is also required.
    • Original certificate.
    Documents must be in Spanish or filed together with a sworn translation.


NULLITY:

  • Industrial and Design Models granted in violation of the Law are null.
  • Any person (individual or company) with a legitimate interest may bring a nullity action within the Federal Court.
  • The decision can be appealed to the Chamber of Appeals and, under certain considerations, to the Supreme Court.


ENFORCEMENTS OF RIGHTS:

  • The infringement of the inventor’s rights are considered as counterfeit and punished with imprisonment and fine.
  • Criminal participation and complicity are applied in accordance with the Argentine Penal Code.
  • In addition to the penal actions, the owner of the Industrial or the Design Model may start civil actions for the forbidding of the continuation of the illegal exploitation and to obtain a compensation for the suffered prejudice.
  • Provisional remedies may be requested.
  • Anyone having in his possession objects under infringement must provide complete information concerning the name of the person that had sold or supplied said objects, the amount and value of those objects as well as the time the products began to be sold.
  • The plaintiff may demand a bailbond from the defendant in order to prevent the same from interrupting the exploitation of the invention. In case the latter wishes to continue with said exploitation, and, in the absence of the bailbond the former may ask the suspension of such exploitation providing him a convenient bailbond, in the case it were requested for.
  • Federal judges having jurisdiction in Civil and Commercial Matters are competent concerning civil actions. The Federal Judges having jurisdiction in Criminal and Correctional Matters are competent concerning penal actions.

 
 

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MI®ANDA & ASO©IADOS
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Tel.: (5411) 4373-3480 Fax: (5411) 4372-1820
E-mail: mm@miranda-argentina.com