Laws
Adopted on 10 June 2008
Law on Inventions, Utility Models and Industrial designs
Chapter 7: Special Reqirments for Industrial Designs
Article 60. Requirements for Industrial Design Application(1) An application for an industrial design shall contain:
(a) a request for the registration of an industrial design;
(b) photograph(s) or graphical representation(s) of the appearance of the whole or a part of the product, or of the products in case of a multiple application, in the number of copies prescribed by the State Authorized Body. The requirements for application on industrial design shall be prescribed by the State Authorized Body.
(2) When filing the application the applicant may request that the application be published with deferment of twelve months from the date of filing of the application or, if a priority is claimed, the date of priority. In case of an application on several items’ outward appearances the request for deferment of publication may refer to only some of them.
(3) Where the industrial design is two-dimensional, including a textile design or hologram, and a request for deferment of publication is made in accordance with paragraph (2) of this Article, the application may, instead of containing a photograph or graphical representation of the appearance of the whole or a part of the product, be accompanied by a specimen of that product or a part thereof. The photograph or graphical representation of the products, in the established number of copies shall be submitted no later than two months before the expiry of the time limit for requested deferment of publication under paragraph (2) of this Article. In the opposite case, the application shall be deemed to be withdrawn.
Article 61. Substance of Requirements of an Industrial Design Application
(1) The request for the registration of an industrial design shall contain data concerning the applicant (surname, forename and address, or company name and seat), an indication of the product in which the industrial design may be embodied or used, the index of the classification according to the International Classification and other data prescribed by the State Authorized Body.
(2) An industrial design application may cover several industrial designs, provided that they belong to a single class of the International Classification, except ornaments.
(3) The photograph or graphical representation of the appearance of the whole or a part of the product shall clearly show the novelty and the originality of the appearance of the product.
Article 62. Examination of Application on Industrial Designs
(l) In the course of examination the State Authorized Body shall examine the existence of the necessary documentation formed in accordance with the requirements established by Article 5 (3), check whether the submitted industrial design meets the requirements established by Article 25 of this Law, excluding paragraph (2).
(2) Where the State Authorized Body establishes that:
(a) the application meets the requirements of paragraph (1) of this Article, it shall make a decision on the registration of the industrial design, and in case the state fee is paid by the applicant, enter the data on industrial design into the register and publish the appropriate information in the Official Bulletin.
(b) the application does not meet the requirements of paragraph (1) of this Article, it shall refuse the application wholly or in part.
