New Bill On Industrial Designs

Aug 16, 2015

New Bill On Industrial Designs

We would like to inform our colleagues, friends and clients that a Bill on Industrial Designs has been submitted to the Argentine Congress. This new Legislation seeks to modify Law No. 6673 on Industrial Models and Designs, currently in force.

In order to inform you the main amendments introduced by this bill, we mention the same in short.

Extension of the legal term of protection:

a) According to the current law, an Industrial Design is valid for a five-year term as from registration, and may be renewed for two additional consecutive five-year periods (Total: 15 years of protection).

b) According to the new proposed law, an Industrial Design would also be valid for a five-year period, but four consecutive renewals -each for a five year-period- would be possible (Total: 25 years of protection).

 Coverage:

a) Up to 50 embodiments of the same Industrial Design.

b) Up to 10 embodiments of the same Industrial Design.

Grace period protection of six months:

a) Display Design in national or international exhibitions.

b) Publication of the Industrial Design due to an INPI´s mistake. Acts derived from the author or assignees of the Industrial Design. Acts of bad faith by a third party, breach of contract or any illicit act against the author or his/her assignees.

Photographs:

a) The current law does not contemplate the use of photographs of the Industrial Design. However, in practice, the INPI accepts photographs but only for illustrative purposes, i.e. the photographs do not replace the formal drawings required by law.

b) The photographs shall be accepted under the new rules.

Period for Renewal:

a) Between 9 and 6 months prior to the expiration date of the Industrial Design.

b) The proposed law foresees a six-month period before the expiration date of the Industrial Design, or up to six months after said expiration date, against payment of an additional official fee.

 Publication:

a) The publication of the Industrial Design takes place immediately after grant.

b) When filing the Industrial Design, a request for postponing its publication for up to six months can be made.

We consider that the new law shall extend Industrial Design protection and will be more in line with the current issues and industry developments. Nevertheless, taking into account that in Argentina 2015 is an electoral year with significant political burden, we understand that this new law will hardly be approved in the current year.