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​​​​​Industrial Designs

 

1. What is an industrial design?

an industrial design is a composition of two-dimensional lines or colors, or any three dimensional shape that gives an industrial product, or a product of traditional crafts, a special appearance provided that this is not only for functional or technical purpose including textile designs.

2. Who grants industrial design certificates?

Industrial design certificates are granted by King Abdulaziz City for science and Technology (Saudi Patent Office).

3. What are the provisions governing the grant of industrial design certificates?

The industrial design certificate shall be granted, if the design is novel and has features that distinguish it from known industrial designs.

4. When is an industrial design novel?

An industrial design is novel if it was not disclosed to the public through publication anywhere in a tangible form, by use or by any other way, prior to the date of filing the registration application or the priority application. Disclosure of the industrial design to the public shall have no effect if it occurs during the priority period.

5. May the applicant benefit from the priority of an earlier application?

The applicant may benefit from the priority given to a previous application filed during the priority period prescribed for industrial designs applications (which is 6 months from the filing date of the previous application).

6. What are the rights of industrial design owner?

The owner of industrial design certificate may initiate an action against any person who infringes the industrial design by exploiting it for commercial purposes without his consent within the Kingdom through manufacture, sale or importation of a product that includes or represents a wholly or substantially copied industrial design.

7. What is the term of protection for industrial designs?

The protection period of industrial designs is ten years from the date of filing the application.

8. May an industrial design certificate be granted to more than one creator?

Yes, if the subject matter of protection is a joint work of several persons, they shall be equally entitled to the right, unless they have agreed otherwise.

9. When shall an industrial design certificate not be granted?

(a) The protection document shall not be granted if its commercial exploitation violates Shari'ah (Islamic law)
(b) The protection document shall not be granted if its commercial exploitation is harmful to life, to human, animal or plant health, or is substantially harmful to the environment.

 
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