Industrial design

The industrial design protects the external appearance of some product or some of its parts, determined by its visual features, and in particular lines, contours, colors, shapes, texture and materials from which the product has been made or by which it has been decorated, as well as their combination.

Subject matter of protection, according to this Law, can be only industrial or craft item, or item suitable for production in an industrial or craft manner. Otherwise, it is a “work of art” that can only be protected by copyright.

Industrial design can be used to protect three-dimensional (external) appearance of some product, for example car, parts of furniture, watches, jewelry, fashion and other luxury items, the appearance of industrial machines and its parts, medical instruments, household and electrical appliances, civil engineering structure, package, but also pictures, designs, line patterns which are by their nature two-dimensional in shape, such as the textile or wall paper prints.

Industrial design can not be used to protect external appearance of the product which is solely determined by the technical function of that product, or the external appearance of the product which must be reproduced in its precise shape and dimensions, in order to enable it to be mechanically connected with some other product or placed around it or next to it, so that each product can perform its own function.

Why is it necessary to protect industrial design?

For the success of every product on the market, special importance belongs to its esthetic appearance, or the shape of that product. For the commercial consumers products it is especially true that the external appearance of the product is examined and perfected along with its package as one of the essential elements of attraction for potential buyers. It is necessary that such external image suits both functional and esthetic demands of the users, as well as the demands of the modern art and technology.

By protecting industrial design, its owner has the exclusive right to use it as well as to prohibit every third person the unauthorized utilization, copying or imitation.

As the industrial design represents the aspect of the product that makes it esthetically attractive and appealing, it is not only artistic or creative element, but it also contributes market value of the product and facilitates its marketing and commercialization.

The protection of industrial design contributes to the market development of the product and enables the return of the investment, promotes creativity in industrial and manufacturing sector, contributes to the expansion of the commercial activities and increases the export potential of the product.

If you wish to check if somebody has already filed the application or registered industrial design which is identical or similar to the one for which you intend to file the application, you can order from the Intellectual Property Office the database search report. Along with the request for search report, one should file the proof on the payment of the appropriate fee. The amount of the fee can be seen on the link – Fees.

Example of the request for the search of the database of industrial design according to the attached design can be taken (only in Serbian) in MS Word format or PDF format.

Example of the request for the search of database of industrial designs on the name of the certain right holder can be taken (only in Serbian) in MS Word format or PDF format.

You can also search the databases of applications and registered industrial designs yourself:

1. National database of applications and registered industrial designs: https://reg.zis.gov.rs/DistinctiveSigns/search.htm?lang=sr
2. Hague Express database – international database of industrial designs in the framework of the Hague System for the international registration of industrial design:
   https://www3.wipo.int/designdb/hague/en/

Who can file industrial design applications?

Author or his legal heir, or employer in the cases prescribed by the Law. Foreign natural or legal persons, with regard to the protection of industrial design in the Republic of Serbia, enjoy the same rights as the domestic natural and legal persons, if it comes out of the international agreements and the principle of reciprocity.

Foreign natural or legal person that has no residence or seat on the territory of the Republic of Serbia in the procedure following the application of industrial design, as well as in all other procedures before the Intellectual Property Office, must be represented by a representative who is entered in the Register of Representatives or a domestic lawyer.

What conditions must be met by a design in order to be registered?

Design can be protected only if it is novel and if it has an individual character.

Industrial design can be considered novel if identical industrial design has not been made available to the public before the industrial design application filing date, or if there is no application for the grant of identical industrial design that has been filed earlier.

Industrial designs are considered identical if they are differ only in the insignificant details. Difference in irrelevant details exists if the informed user, at first sight, does not make difference between industrial designs.
Informed consumer or user is a natural person that regularly meets the type of products in question.

Industrial design has individual character if the total impression it makes on the informed user is different from the total impression that any other industrial design makes on that user, which has been made available to the public before the date of filing or before the date of granted priority right of the opposing industrial design.

During the establishing of the individual character of industrial design, we take into consideration the degree of freedom and objective limits of the author during the creation of design of the particular product, caused by technical and functional characteristics of that product.

How to initiate the protection procedure?

Protection procedure is initiated by filing the application for the grant of the industrial design to the Intellectual Property Office.

Application for the grant of the industrial design may include one or more industrial designs, respectively it can be individual or multiple application.

Application can be submitted by post, electronically or directly at the Intellectual Property Office. The application can not be submitted by fax. The Office assigns a D-number to the duly submitted application, with a precise indication of the date of filing. Filing date of the application is most often the date of acquiring the priority right with regard to the protection of the applied industrial design.

Which are the parts of the application for the protection of industrial design?

The correct application should contain:

1. Request for the grant of right to industrial design;
2. Description of industrial design;
3. Representation of industrial design;
4. Power of attorney (if the application is filed through the representative);
5. Proof on payment of the application fee.

Along with the application, one can file priority certificate if priority right has been requested, which certifies that in some member state of the Paris Union the application has already been filed for the identical design; certificate or statement of the Chamber of Commerce of Serbia or other competent body from abroad, that the applicant has exhibited the design at the exhibition or fair of the international character in the Republic of Serbia or in some other member state of the Paris Union; proof on the legal ground for the filing of the application on the name of the applicant if the author of the industrial design is not the applicant.

What is the course of the procedure for the examination of the industrial design application?

After the applicant files the industrial design application, the Intellectual Property Office shall examine if the application contains the designation that the grant of industrial design right is requested, the data on the applicant and the display of the industrial design. If any of these elements is missing, the application shall not be entered in the Industrial Design Register. If the application contains all the essential elements, it shall be entered in the Register, where it gets the D – number, with the statement of the filing date. After that, the application is subject to examination.

If it is established in the procedure of examination that the application does not meet the formal requirements, the Office shall invite the applicant in the result of examination to correct the application in the time limit of one month. Reasons of not meeting the formal requirements are most often referring the description or the display of the subject matter of protection. If the applicant corrects the application in the prescribed time limit, the procedure is continued by the examination of novelty and individual character of the applied industrial design.

If the subject matter of protection meets legally prescribed conditions for the grant of industrial design right and after the payment of registration fee, the Office shall enter the granted industrial design right in the Industrial Designs Register and issues certificate on industrial design.

How is the right to an industrial design acquired and how long does it last?

Right to industrial design is acquired by the entry in the Industrial Design Register and it lasts for 25 years from the filing date of the application, under the condition that the prescribed fees are regularly paid for the maintenance of right.

Maintenance of validity of industrial design

Protection of industrial design can be prolonged, with the filing of the request for the maintenance of industrial design right and with compulsory proof of payment of the prescribed fee, for the periods of five years, and at the latest up to 25 years counting from the filing date.

Very often the users address us on the account of receipt of the invitation for the payment of fees for the registration and /or prolongation of the validity of trademark, or maintenance of industrial design and entry into the Register by the unauthorized agencies and organizations.

We WARN the applicants and representatives not to make payment of funds at the request of these unauthorized services, agencies and organizations. These are organizations that are not authorized to register, maintain rights or register rights in databases. Authorized agencies are the World Intellectual Property Organization (WIPO), European Union Intellectual Property Office (EUIPO) and the Intellectual Property Office of the Republic of Serbia (RSIPO).

More information and the list of these unauthorized organizations can be found at the site of the World Intellectual Property Organization (WIPO), at the link https://www.wipo.int/madrid/en/fees/invoices.html., and the European Union Intellectual Property Office  (EUIPO), at the link https://euipo.europa.eu/ohimportal/en/misleading-invoices.

Also, for all additional information you can always address the Intellectual Property Office of the Republic of Serbia by e-mail info.eic@zis.gov.rs

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• International protection of design