Organization : Belize Intellectual Property Office (IPO)
Facility : Industrial Design
Country : Belize
Website : https://www.belipo.bz/industrial-designs/
What is Industrial Design?
An industrial design is the ornamental or aesthetic qualities of a product. It is the appearance of a product, therefore the specific features or lines or contours, colours or shape or materials of a product or the ornamentation given to it. In short it is decorative as opposed to functional and it must appeal to the eye.
Related / Similar Facility : IPO Belize Copyright
Benefits of Industrial Design Protection
Industrial design protection ensures the owner of the industrial design an exclusive right against the unauthorised copying or imitation of the industrial design by third parties. By making a product aesthetically appealing and attractive, industrial designs increase the commercial value of the product and facilitate its marketing and commercialisation. Thus, by protecting his or her industrial design, the owner of the industrial design contributes to the marketing of his or her product and helps ensure a fair return on his or her investment. Industrial design protection is also relatively simple and inexpensive.
FAQ On Industrial Design
Frequently Asked Questions FAQ On Industrial Design
What are the products covered by an industrial design?
Industrial designs cover a wide range of products of industry and handicraft. These products range from technical and medical instruments to watches, jewellery, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.
What is the difference between an industrial design and a patent or a trade mark?
An industrial design protects the appearance of a product which from the strictly technical point of view may not be original, but which is new and original from an aesthetic or appearance point of view. While a patent protects technical innovation, in other words an invention which differs from what is already known by some new and non-obvious technical features.
An industrial design is different from a trade mark because it is ornamental and decorative but not necessarily distinctive. While a trade mark must always be distinctive. This can be seen in the definition of a trade mark, which states that it is a sign which is capable of distinguishing the goods or services of one undertaking from those of other undertakings.
Another difference between an industrial design and a trade mark is that an industrial design can only be protected for a fixed period of time, while a trade mark can be protected indefinitely.
What are the special conditions that an industrial design must fulfill before it is registered?
An industrial design qualifies for registration if it is new. An industrial design is new if it has not been publicly disclosed anywhere in the world, by publication or by use in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. Industrial designs the commercial exploitation of which would be contrary to public order or morality shall not qualify for registration.
How do I apply for registration or restoration (Re-registration) Of an industrial design?
You can apply for registration or restoration (re-registration) of an industrial design –
(a) by filing the following forms :
(i) Application for Registration of an Industrial Design (Form No. 1 of Schedule II to the Industrial Designs Regulations, CAP. 254S). The Office prefers the supplying of photographs by applicants, rather than drawings or a specimen of the article containing the industrial design;
(ii) Statement of Designer (Form No. 2 of Schedule II to the Industrial Designs Regulations, CAP. 254S);
(iii) Duly notarized/Apostilled Appointment of Agent (Form No. 3 of Schedule II to the Industrial Designs Regulations, CAP. 254S). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney;
(iv) Application for an Address for Service (Form No. 3A of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; AND
(b) by paying the following fees :
(i) BZ$325.00 – application fee for the first design in the application;
(ii) BZ$100.00 – application fee for each additional design;
(iii) BZ$100.00 – registration fee for the first design in the application;
(iv) BZ$100.00 – registration fee for each additional design;
How are goods classified in an industrial design application?
Goods are classified in accordance with the 8th Edition of the International Classification for Industrial Designs under the Locarno Agreement, including the attached explanatory notes and Alphabetical List. The links to the “List of Classes with Indication of Goods” and the “List of Classes with Explanatory Notes” can be found on the weblink www.wipo.int/classifications/en/index.html
Can an applicant for registration of an industrial design claim priority from an earlier application filed in a country which is a party to the paris convention?
Yes. An applicant for registration can claim priority from an earlier application made in a country which is party to the Paris Convention for the Protection of Industrial Property. The priority claim must be made within six months of the earlier application. The date of filing of such an application for the purposes of priority shall be the date of filing of the Paris Convention application.
How do I apply for withdrawal of an industrial design application?
You apply for a withdrawal of an industrial design application
(a) by filing the following form :
Withdrawal (Form No. 3C of Schedule II to the Industrial Designs (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; AND
(b) by paying the following fees :
(i) BZ$150.00 – fee for withdrawal of application;
What is the date of registration of an industrial design?
The date of registration of an industrial design is the date of filing of the application for registration.
What is the term of protection of an industrial design?
The term of protection of an industrial design is five years from the filing date of the application for registration. The term of protection may be extended for two further consecutive periods of five years.