Registering designs (models) or as they are called in the US: Design patents, provides protection against competition for the aesthetic aspects of the product, and it allows companies and businesses to protect the identity and differentiation of their brand and/or product. Registering models is an effective and cheap solution relatively that confers ownership of the visual characteristics of commercial graphic designs (in the language of the law: figure lines, shape, pattern or decoration) including product design, packaging designs, art printed on products or packaging, etc. Registration of models does not refer to the functional aspects of the product.
Registration of design patents grants an exclusive right to use the design for 15 years, and when the right to use the design is violated, injunctions can be imposed on the infringer and a compensation claim can be filed against him.
What is the difference between registering a design (model) and registering a patent?
Patent registration provides protection for the implementation of an idea, while model registration protects only design patents – external design of a product, and does not protect other commercial elements such as method, system, internal parts, software, etc.
Which designs can be registered as a registered design or a registered design?
In order for a product design (visual aspects) to be registered, it must be new or original, that is, a design that has not been previously published in Israel or that applies existing elements in a new way. In Israel, it is not possible to register a design that was previously published publicly, even if it was published only outside the country’s borders, except when the publication was made only during the year preceding the filing of the registration application.
Registering designs – what does the process include?
In order to register a model, an application must be submitted to the Patents and Designs Office, and photos, drawings and/or computer simulations must be attached to it showing the main elements in which there are design patents. It is important to understand that the way the request is worded, as well as the photos and drawings that will be attached, will delimit the limits of the protection of the use of the design for many years. Therefore, before submitting the application, it is recommended to use a lawyer with experience in the field of design patents and model registration, who knows how to anticipate the future and recommend whether and how the application should be drafted, and what photographic documentation should be attached.
After submitting the application, the designs department examines it and the accompanying documents and has the authority to ask the submitter to correct the application even before it begins its examination.
In the next step, the registration request is examined according to the rules established by law and the design department examiners decide whether to accept the registration request or reject it. Even at this stage, it is possible that the examiners of the design will raise objections and questions regarding the design, and it will be necessary to argue with them and answer their questions. Therefore, it is highly recommended to use at this stage the professional assistance of a lawyer who specializes in intellectual property of product design and in particular in the registration of models and designs.
Registration of the design – if the registration request is accepted, the design is registered and published in the design journal and its owner is issued a registration certificate.
Is it possible to cancel the registration of a design?
Yes, any person who opposes the registration of a particular product design, as well as any person who considers himself harmed by this registration, is entitled to submit a request to cancel the registration to the Registrar of Designs and the District Court, which will discuss his request and decide whether to accept or reject it.
Is registration of designs in Israel also valid abroad?
Design patent protection is always territorial, that is, specific to the country where the design was registered, and an application for design registration can only be submitted for new and original designs that have not been previously published in that country. According to the Paris Convention, to which Israel is also a signatory, submitting a request for a design in any of the countries that have signed the treaty, allows the submitter to retain the right of primacy to the design in other countries, for 6 months from the date of submission in the first country. At the end of the six months, the publication of the design in the first country will be considered a prior publication , which will prevent the possibility of registering the design in other countries.
Since in every country in which an application is submitted for the registration of a model, the emphasis is different and different drawings must be attached, it is very important to use the legal advice of a lawyer with experience in registering models abroad.
Does design patent protection also provide copyright protection for product design or packaging?
No, these are two separate defenses. A product or packaging design that is registered as a registered design or as a registered design, and is produced in industrial production to the extent of 50 copies or more, is not protected by copyright law. Also, unlike copyrights, which provide protection throughout the creator’s lifetime and for an additional 70 years, registration of models and designs protects the rights to use them for only 15-25 years.
What does an accompanying design registration by an intellectual property lawyer include?
As a leading intellectual property law firm in its field, with over 30 years of experience representing over 8,000 clients, Dr. Mark Friedman’s firm has great expertise in registering designs in Israel and around the world. We accompany our clients from the initial consultation where we examine the suitability of the design to the necessary criteria for registration, and the feasibility of submitting the registration in the various countries, we assist them in preparing the registration application, and continue to promote the registration and respond to the examiners’ achievements until the registration process is completed.
We also represent in procedures to cancel the registration of models and designs and provide opinions on issues related to the eligibility for registration of models and designs and infringement of these registrations.
*The aforementioned in this article and on the website in general should not be considered as legal advice and the things written in it should not be considered as a substitute for individual legal advice, but a personal opinion and/or a general explanation only. Of course, you should not rely on and/or act in accordance with the above without individual legal advice from an attorney
For any questions on this topic, contact us
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