A registered design protects the new shape, configuration, ornamentation and pattern of an article. A registered design protects the new shape, configuration, ornamentation and pattern of an article. Functional designs are distinguished from aesthetic designs in that the article must have features that are necessitated by the function that the article must perform. The same article may be registered as both a functional and aesthetic design.
Renewals are payable from the 3rd year of the registered design's life span. Functional designs have a term of 10 years and aesthetic designs, a term of 15 years.
A valid, granted design must be obtained before one can sue for infringement of the design right. |