Essential Facts about Design

1. Why is it necessary to protect a design?
2. What is a design?
3. To which products does industrial design apply?

4. How can a design be protected?
The protection of industrial designs in our country is regulated by the Law on Legal Protection of Design (SaM Official Gazette, no. 61/04) and the Decree on the Procedure for the Registration of Design Right (SaM Official Gazette, no. 28/05) and it is obtained by filing an application for registration of a right to a design with the Intellectual Property Office, which decides, in an administrative procedure, after examining the absolute novelty of the deposited design, on the registration of the right to the design, or on the refusal of its registration, if all the statutory requirements have not been fulfilled. The decision is final and an administrative dispute may be instituted against it by means of a direct lawsuit filed with the Supreme Court of Serbia. The term of protection of the registered design is 5 years, and by paying renewal fees it can be extended for another 20 years.
5. How can industrial design be internationally protected?

Design Registration Procedure

1. Who can file an application for design registration?
2. Is it mandatory to appoint an attorney for the filing of the application?
3. When does the procedure for design registration begin?
4. What is a priority right?
5. Which elements should a duly filed application for design registration comprise?
a) A request for design registration
b) A design description
c) A photograph or a drawing of the design
d) A power of attorney
6. What are the stages and duration of the design registration procedure?
7. When has a design been created and how long is its validity period?
8. How to renew the validity of a design?

Other Relevant Questions

1. Can the appearance of a design be subsequently changed in the course of the design registration procedure?
2. What should the applicant do if the name of the applicant is changed, or his address, that is, his name and address, or if the right from the application is assigned to another natural or legal person, during the procedure for design registration?
3. Which applications are examined in an expedited procedure?