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Development of a new and original design of products in the innovative activity of enterprises plays an important competitive role, as modern consumer pays attention not only to the technical characteristics of the product, but to its appearance or design. Therefore, the issue of ensuring legal protection of industrial design against unauthorised copying is relevant.
The appearance of industrial and handicraft products can be protected as an industrial design.
The protection to an industrial design is granted, if it is new and original.
An industrial design can be created in any area of human activity where goods are produced and these goods have appearance (practically, these are any goods). Solutions protected as industrial designs can relate to the most diverse aspects of human activity, starting from clothing and finishing with complex design solutions (automobiles, boats, etc.).
The right to an industrial design is protected by patent, which is issued following the results of an examination conducted in accordance with the Patent Law of the Republic of Kazakhstan.
A patent certifies priority, authorship and exclusive right to an industrial property object.
An industrial design patent is valid for twenty years starting from the filing date of the application.
In the RK, patents for a utility model and industrial design have been issued for several years. At the same time, it is also important to register a design as well as a product. Thanks to this, a cost of branded goods reaches several million tenge, and their possessors can win a decent annual financial reward.
An industrial design patent allows products to look presentable, which makes goods more popular and lucrative.
To obtain a patent for an industrial design, it is recommended to adhere to the following rules:
An application for the grant of a patent for an industrial design can be submitted for:
Obtaining a patent for an industrial design allows a person to make sure that he/she is endowed with an individual right. Documentation contains information about authorship and patent owners, describing designs and features recognizing it.
Registration of a patent for an industrial design and its application have certain limitations. A designer can register an object, because he is engaged in its production. In addition, it is necessary to remember that a patent for an industrial design is valid only in a certain region.
If necessary, a designer can grant rights to products to another person. This is done on the basis of a contract under which a patent for an industrial design is resold at an acceptable price or transferred for a certain period of time. To obtain documentation, you need to perform the following steps:
Rules for a patent for an industrial design are the same both in Kazakhstan and abroad. There are only slight differences. However, there is the list of products for which documents are not provided:
Each patent has its own term. They can be interpreted by Article 1363 of the Civil Code. The term of validity of a patent for an industrial design is 5 years. Countdown starts from the moment when the application for its registration is submitted. However, registration of a patent for an industrial design can be extended several times. Products and documentation can be protected up to 25 years.
To use professional services of the Intellectual-Kazakhstan Patent Office, extending validity of a patent, it is recommended to submit the following documentation:
If you do not know how to obtain a patent for an industrial design, contact the Intellectual-Kazakhstan Patent Office, which has been issuing documentation at an acceptable cost for many years. The advantages of working with us include:
To order services, you can call the number described on the website or leave a request. Company managers will contact you to start processing documents.
Address:
Nur-Sultan city, Syganak 47, BC Eurocenter, office 1117
Phone number:
+7 (7172) 78-33-69E-mail:
info@intellpatent.kz