The Eurasian Patent Office is starting to accept Eurasian Applications for Industrial Designs

industrial designsThe Eurasian Patent Office informs that the acceptance of applications for the grant of Eurasian industrial designs patents will start on June 1, 2021. 

In accordance with Article 22 (4) of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention of September 9, 1994 (Protocol), please note that Eurasian design patents will be effective on the territory of those states in respect of which the Protocol has already entered into force as of the date of filing the respective Eurasian design applications. As of June 1, 2021, such states will be the Republic of Azerbaijan, the Republic of Armenia, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation.

According to the  Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention – The Eurasian Patent System, established pursuant to Article 1(1) of the Convention, and the Organization, together with all of its organs, established pursuant to Article 2(1) of the Convention, shall serve to protect inventions under the Convention and to protect industrial designs under this Protocol.
 

According to art. 3 from the Protocol – Patentable Industrial Designs are:

An industrial design to which legal protection is granted shall be a design of the external appearance of an industrial or artisanal product that is patentable in accordance with the Patent Regulations to the Convention.

Legal protection as an industrial design shall not be granted to the following designs: 

(i) those that are contrary to public order or the principles of humanity and morality in at least one of the Contracting States;

(ii) those that include, reproduce, or imitate official symbols (including State symbols and emblems) or the abbreviated or full names of international and intergovernmental organizations, without the consent of the respective competent authorities of the States or organizations whose interests are affected by such designs; and

(iii) those that include, reproduce, or imitate official names or images of cultural heritage (including ethnic or religious heritage), or recognizable parts thereof, without the consent of the respective competent authorities of the Contracting States whose interests are affected by such designs.

 The duration of a Eurasian patent for an industrial design shall be five years from the filing date of an application for a Eurasian patent for an industrial design (hereinafter referred to as “a Eurasian application for an industrial design”). The duration of a Eurasian patent for an industrial design may be extended for successive periods of five years each at the request of the holder of a Eurasian patent for an industrial design, with respect to the territory of all the Contracting States in which the Eurasian patent for an industrial design has legal effect The overall duration of a Eurasian patent for an industrial design may not exceed 25 years from the filing date of an application for a Eurasian patent for an industrial design.

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