FIVE THINGS TO KNOW ABOUT INDUSTRIAL DESIGNS
1. What is an Industrial Design ?
An Industrial design constitutes the ornamental or aesthetic aspect of an article.
The design may consist of three dimensional features, such as the shape of an article or two dimensional features, such as patterns, lines or colour.
In Nigeria, the Nigerian Patents & Designs Act affords protection for these two types of designs:
Combinations of lines or colours or both (e.g. Textile Designs)
Three-dimensional designs (e.g. product packaging )
2. What is required to Register an Industrial Design?
(i) An application in the requisite form stating the article to which the design is to be applied.
(ii) Statement of Novelty of the Design
(iii) Specimens, photographic or graphical representations of the design.
(iv) A Power of Attorney, if application is being made by an agent.
(v) An indication of the kind of product or class of product for which the design will be used.
3. What is the process for Industrial Design registration?
Once the application is filed with all the supporting documents then the Registrar will cause to issue an Acknowledgement Notice confirming the receipt of the application.
Examination and Acceptance
The next step is the examination of the application to ensure the formal requirements are met and that the design does not contravene public order or morality. If the application meets the requirements then an Acceptance Notice will issue. Otherwise, a refusal notice will be issued.
Once the design application has been accepted, the design is the registered and a Registration Certificate will be issued and a duplicate of the Design Certificate will be included in the Register of Industrial Designs.
4. How Long Does Industrial Design Registration lasts?
An industrial design registration lasts for a period of fifteen years.
5. Do I need to maintain the Design?
Yes. The design must be renewed every five years.
If you require any more assistance on protecting your industrial design in Nigeria or other parts of Africa, please do contact us.