Legal basis – industrial design

ACT of June 30, 2000, Industrial Property Law
OJ of 2013 item 1410 • Version from December 1, 2015

Industrial designs

Art. 102.

[1. An industrial design is new and has an individual design
character the form of a product or its part, given to it in particular by features
lines, contours, shapes, colors, structure or material of the product and by
its ornamentation.]

1. An industrial design is new and has an individual design
   character the form of a product or its part, given to it in particular by
   features of lines, contours, shapes, colors, texture or material of the product
   and by its ornamentation.
2. A product is any item produced in an industrial or industrial manner
   craftsmanship, including in particular packaging, graphic symbols and
   typographic typefaces, excluding computer programs.
3. The following is also considered to be a product:
   1) an object consisting of many interchangeable components
   enabling its disassembly and reassembly (complex product);
   [2) a component part if it remains after its incorporation into a complex product
   visible in the course of its normal use, by which is meant any
   use, excluding maintenance, service or repair;]
   2) an interchangeable component of a complex product, if after its inclusion in
   of a complex product, it remains visible while it is ordinary
   use, which means any use, excluding
   maintenance, service or repair.
   [3) a component part, if it can be traded independently.]
4. Where a design is used or incorporated in a component part
   a complex product, within the meaning of section 3 point 1, novelty and individual assessment
   character concerns only his visible features.
   Art. 103.
5. An industrial design is considered new if before the date, according to
   which indicates priority to obtain the right of registration, identical design
   has not been made publicly available by use, exhibition or disclosure in
   another way, subject to section 2. The design is considered identical to the one made available
   publicly, even when it differs from him only in unimportant details.
6. The design is not considered to have been made available to the public, within the meaning of section 1 if
   could not reach the information of people professionally involved in the field in which
   pattern applies.
7. The provision of section 1 does not exclude the possibility of granting the right of registration if
   industrial design:
   1) has been disclosed to a third party expressly or implicitly
   was obliged to maintain confidentiality;
   2) was disclosed within 12 months before the date by which it is marked
   priority to obtain registration rights if disclosure has occurred
   by the creator, his legal successor or – with the consent of the rightholder – by
   a third party, and also if the disclosure was made as a result of abuse
   committed against the author or his legal successor.
   Art. 104
8. An industrial design has an individual character,
   if the overall impression it makes on an informed user is different from
   the overall impression given to him by the design made available to the public before
   the date by which priority is determined.
9. When assessing the individual character of an industrial design, the following factors are taken into account:
   attention to the scope of creative freedom when developing a pattern.