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Industrial Design Rights

Select at least 2 jurisdictions and at least 1 topic

1. Select Jurisdiction(s)
  • Argentina

  • Australia

  • Brazil

  • Canada

  • China

2. Select Topic(s)
  • Conventions and Legislation
  • Subject Matter
    • Definition/What Constitutes a Protectable Design?
      • Shape, Configuration
      • Ornamental or Functional
    • Originality/Novelty
      • Test for Originality Generally
      • Novelty
        • Prior Use
        • Prior Publication
        • Prior Application or Registration
    • Unobviousness (if appropriate)
  • Duration of Protection
  • Infringement
    • Scope of Infringement Action
    • Test for Infringement/Criteria to Constitute Infringement
    • Standing to Sue
    • Remedies for Infringement
  • Defences to Infringement
    • Validity
      • Not Novel/Original
      • Functional/Not Ornamental
      • Other Possible Criteria, Such as Non-obviousness
      • Faults in Application
    • Marking
    • Non-infringement
    • Other Defences
  • Procedures for Filing Application for Registration
    • Priority
    • Drawings
    • Design Part of Another Article/Environment of Design
    • Description of Design (Where Required)
  • Expunging/Cancelling or Varying Registration
  • Other
    • Interface between Industrial Design and Trademarks
    • Relationship between Industrial Design and Copyright/Design Copyright
    • Relationship between Industrial Design and Unfair Competition