Novelty and Distinctiveness in an Industrial Design

A design must be new in order to be registered and protected. 

What is Novelty? 

If the identical one of a design has not been made available to the public in anywhere of the world before its application or priority date, this design is considered new.lf the industrial design is made available to the public within twelve - month period preceding the date of filing of the application or if a priority is claimed twelve-month period preceding the date of priority, by the designer or his successor in title or by a third person having their approval or in abuse of the relation with the designer or his successor in title, such disclosure shall not effect the novelty. For this reason, the designs which have been made available before one year can not be protected because of they are not new and known. 

The industrial design also has an individual character in order for it will be protected. 


What is Distinctiveness? 

A design shall be considered to have an individual character if the overall impression it creates on the informed user is significantly different from the overall impression created on the same user by any design. 

 
Geri