"IUSAUTHOR" operates on registration of national industrial design in the Patent Office of the Republic of Bulgaria in Sofia and legal protection in court where a conflict of interest on design. What are the designs and what legal options they provide?
Design is the appearance of a product or part of the specific features of the form, the lines, contours, ornamentation, color or combination of them. Product is any product produced by industrial or handicraft, including parts intended to be assembled into a complex article, sets or compositions of articles, packaging, graphic symbols and typographic typefaces.
Exclusive right to design shall be acquired by registration with the Patent Office. Registered design which is new and original.
Not registered designs:
-contrary to public order or morality,
-whose characteristics are determined by the technical function of the product,
-whose characteristics are determined by the need for the product to which it is attached or which included the design to be mechanically assembled or put in, around or against another product so that either product may perform its functions.
The extent of legal protection is determined by the images of the registered design.
The duration of the design registration is ten years from the date of filing and may be renewed for three successive periods of five years.
The registration of the design has territoriality.
A design right is acquired through registration with the Patent Office in Sofia. The duration of the design registration is 10 years from the date of filing. Right belongs to the author or his successor. The date of filing shall be the date of receipt by the Patent Office:
- Request for registration containing the name and address of the applicant
- Name and address of the author
- The number of designs, an indication of the products in which it is incorporated or to which it is applied, classification of the products in the International Classification of Designs under the Locarno Agreement;
- One or more graphic or photographic representations of the design.
It is a request to include several designs if: the products in which they are incorporated or to which are attached designs in the same class of the International Classification of models and drawings under the Locarno Agreement or belong to the same set or izdeliya.Kogato composition of the products in which they are incorporated or to which are attached designs are ornaments, this condition does not apply.
Publication of the application.
Each design application that meets the formal requirements is published in the official bulletin of the Patent Office. Hosted is two months from the date of publication of objections from third parties, then performed the examination on the merits of the proposed design.
Changes in the application.
Allowed only change in the name or address of the applicant. It is possible to correct errors in the name or address of the applicant and obvious errors. These amendments should not affect the design.
Images of the design or the products in which it is incorporated or to which it is applied must submit in a principal view and in many additional views as necessary to clear the full and detailed disclosure of the design, which has been applied protection. Products must be presented in a position in which they are usually used.
Registered design right includes:
The right of the holder to use the design to dispose of it and to prohibit third parties without his consent to copy or use in trade design included within the scope of protection. Using design includes production, supply and placing on the market or use of a product in which it is incorporated or to which it is applied within the scope of protection, as well as import, export and storage of the product for those purposes. The right is effective against third parties as of the date of publication of the registration of the design.
“IUSAUTHOR” offers also registration of Community design(RCD) in the European Union Intellectual property office(EUIPO), Alicante, Spain.