Intellectual Property Office of Papua New Guinea : Industrial Designs Registration
Name of the Organization : Intellectual Property Office of Papua New Guinea
Type of Facility : Industrial Designs Registration
Country : Papua New Guinea
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Website : http://ipopng.gov.pg/
Industrial Designs Registration :
Industrial designs are applied to the wide variety of products of industry and handicraft.
Related : Intellectual Property Office of Papua New Guinea Trademark Search & Registration Papua New Guinea : www.statusin.org/8147.html
To be protected under the national law, an industrial design must appeal to the eye. This means that an industrial design is primarily of an aesthetic (artistic) nature, and does not protect any technical feature(s) of the article to be applied.
A registered design can be a valuable commercial asset. Registration gives the owner protection for the visual appearance of the product but not the feel of the product, what it is made from or how it works. To be registrable a design must be new and distinctive both in PNG and abroad.
Before filing an application, you should search existing design records. If your design is not new and distinctive, any registration you receive could be revoked as a result of examination and your registration could be worthless. You may also face legal action if you infringe the design rights of the owners of other similar designs.
Please do not hesitate to contact us should you have any queries or seek assistance.
Why protect Industrial Design?:
Because it is what makes an article attractive and appealing resulting in increased commercial value of the product and its marketability. Therefore, by protecting the design, the owner is assured an exclusive right against unauthorized copying or imitation of the design by the third parties. This helps to ensure a fair return on investment for the owner.
Who administers Industrial Design Protection?:
Industrial Design registration is granted by a national IP office which comes under the Department of Trade and Industry. Like in PNG, it is the Intellectual Property Office of Papua New Guinea (IPOPNG) that registers the design.
How long is the term of protection?:
The term of protection is generally five years, with a possibility of 2 further renewals at 5 year intervals up to 15 years in total for registered design.
It is vital to note that IPOPNG is not a member of the Hague Agreement therefore; any registration sought is within the national boundaries of Papua New Guinea .
To what does Industrial Design Apply?:
Industrial Design refers to the;
** Jewellery you wear like necklaces, pendants, brooches etc
** Toys like fashion dolls, action figures, puppets etc
** Household ware designs like furniture, kitchen utensils eg: china ware etc
** Office or leisure equipments such as phones, head sets, stapler, drinking bottles etc
How can Industrial Design be protected:
In most countries, an industrial design must be registered in order to be protected under the industrial design law of that country/state.
What are the requirements for registration?:
Different countries have variations in the registration requirements and process. In PNG, to be registrable, the design must be “new” or “original” which means that no identical or very similar design is known to have existed before.
How is an Industrial Design Application Processed?:
** The application will be checked for formal requirements
** Examination of design against existing registered designs
** If new, the application will proceed to registration subject to the grant and publication fee but if seen to have prior art then application will be refused and the applicant notified.