FAQ's: Designs / Models
1. What is an industrial design?
An industrial design is the outword visible appearance of a whole or part
of a product resulting from the specific features thereof, such as lines,
shape, color etc
2. How can industrial designs be protected in Greece?
Industrial designs can be protected upon registration with the Industrial
Property Organisation (OBI); for such a registration an application must
be filed with OBI.
3. When can an industrial design be granted protection?
An industrial design can be protected if it is new and has an individual
character; this means that no identical industrial design shall have been
made available to the public whereas the overall impression it produces
on the informed user differs from any other industrial design.
4. When an industrial design cannot be granted protection?
An industrial design cannot be granted protection when: it is contrary to
public policy or to accepted principles of morality the features of
appearance of a product are solely dictated by its technical function the
features of appearance of a product must necessarily be reproduced in
their exact form and dimensions in order to permit the product to be
incorporated or mechanically connected to another product.
5. What is a Certificate of Registration of a design or a
model?
The Certificate of Registration of a design or a model is the protection
title granted to the owner for a design that is new and has an individual
character.
6. What does the protection consist of?
The owner of an industrial design is given the exclusive right to use it,
to put it on the market, import and export it in this way preventing any
third party not having his consent from using it.
7. What risks threaten a non-registered industrial design?
There is no monopoly right of licensing of an industrial design and any
third party may use or exploit it without the creator's consent.
8. What will happen if a third party copies and exploits a
registered industrial design?
The owner of the industrial design can file an action before a competent
civil court and plead the cessation of the infringement and its omission
in the future. In the case of damages he is entitled to claiming
restitution or return of any profits gained by any third party as a
result of unauthorized exploitation of the industrial design or the
payment of an amount equal to a license fee. He can also demand the
destruction of the infringing goods or the return of said products to
himself.
9. Which classes of products can be granted protection?
The following classes of products can be granted protection: jewellery,
garments and shoes, foodstuffs, textile items, furniture, decorative
articles, packages, parts intended to be assembled into a complex
product, machines and constructions, toys and several other classes of
products including graphic symbols and typographic typefaces.
10. What is the procedure towards the grant of an industrial
design?
The procedure towards the grant of an industrial design in Greece is
simple and brief: four months following the filing date and provided that
the application is complete, OBI issues the respective protection title.
This title is valid for up to 25 years, if the owner so wishes, whereas
the protection fee is renewed every five years.
11. Can more than one industrial designs be granted
protection?
An application can include more than one industrial designs on the term
that the products to which they are intended to be incorporated in or
applied to, all belong to the same subclass or the same set or
composition of items (multiple application). The number of industrial
designs included in a multiple application cannot exceed a total of fifty
(50).
12. Is there any fee payable for the protection title?
The protection of the industrial designs is granted against prescribed
fees: deposit and registration fee, protection fee and publication or
deffered publication fee. The amount of fees shall in no case be
considered as a suspending factor for the procedure by the interested
parties.
13. How can you protect an industrial design outside Greece?
Owners are entitled to extend the protection of their industrial design
outside Greece from within Greece. For Greek citizens and permanent
residents of Greece, OBI also operates as a Receiving Office of an
international application. Continuation and completion of the procedure
is done at the International Office in Geneva (there is also the
possibility of depositing an application directly with the International
Office in Geneva). The duration of the international protection is
respective to that national.
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