New industrial design law improves protection
The Argentine government sent a draft bill amending the industrial design law to the Congress in June 2015 and it is currently being evaluated.
The current law (Decree-law No. 6673/63, regulated by Decree-law No. 5682/65), which became effective in 1965, establishes a registration system without substantive examination.
The bill introduces important amendments that simplify the registration procedure and improve protection. Below is a highlight of some of the amendments introduced by the draft law:
- Regarding the novelty requirement, the draft law establishes that it will not be affected by a disclosure made within the six months prior to the filing date (or priority date, if applicable) when it has directly or indirectly resulted from: acts by the author or its assignees, acts of bad faith or illicit acts by third parties, or an incorrect publication by the Argentine PTO. Interestingly, the only non-prejudicial disclosure made by the author (or someone with authorization) provided by the current law is the disclosure of the design in exhibitions or fairs held either in Argentina or abroad, provided that the application is filed within the six months from the opening date of the event.
- As opposed to the current term of protection, which is of five years from the date of filing extendable for two five-year periods, the draft law broadens the term of protection to five successive five-year terms.
- The current law allows up to 50 embodiments of the same product or object to be included in a single application, provided there is homogeneity among them. However, the term “homogeneity” is not explained. The draft bill clarifies the concept of multiple deposits: an application may include up to ten industrial designs, provided that they all belong to the same class of the Locarno Classification. Additionally, the draft law allows for divisional applications.
- The draft bill establishes a six-month grace period from the expiration date for the renewal of a deposit, upon payment of applicable fees. This is not provided for in the current law.
- While under the current law there is no specific procedure to delay publication after registration, the draft bill provides for the deferred publication of the registered design, up to a maximum term of six months from the registration date.
- Under the current law, the term to file an application for cancellation against an industrial design expires after five years from the deposit, whereas the draft law establishes that this term is imprescriptible.
If you are interested in receiving more information about the draft law, please contact us. Check back Moeller´s blog to see updates about any developments.