Page 29 - IP-HANDBOOK-07-2018

New and individual
What is new and individual to be a design?
When creating a design two registration requirements need to be observed to get the design protected.
1. A design needs to be new.
A design can only be registered if no identical design has been shown to the public on the date of the filing for its registration , e.g. published on the web- site, magazines, shown on an exhibition, traded or otherwise publicized.
To preserve the novelty when dealing with external designers and agencies non-disclosure agreements (“NDA”) should be in place. Templates for such
HOW TO CREATE A DESIGN
NDA can be found on the Intranet site of Group Legal & IP.
Some countries require that the design is new world-wide.
If the design has been disclosed to the public, some countries, e.g. in the EU and Switzerland, still allow for a “grace period” to file an application. Such grace period is usually between 6 and 12 months starting from the moment of disclosure. Internal use (e.g. during the project phase) is not considered as public disclosure.
2. A design has to have individual character.
The features of the new design have to differ from pre-existing designs in its overall impression.
VS.
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Your IP Toolkit
• Checklist Design