The industrial plan for registration must be new and original and before submitting the declaration, it has not been offered to the public like that plan. Among the other conditions for registering an industrial plan are things like the absence of official symbols and emblems, plans that are against public order and good morals, etc. It is possible to register the industrial design inside and even abroad nationally, regionally and internationally.
Introducing the terms of industrial design registration
According to Article 21, an industrial design can be registered when it is new or original. An industrial design is new when it has not been disclosed to the public through tangible publication or through use in any other way before the date of submission of the declaration or, as the case may be, before the priority right of the declaration for registration in any part of the world. According to Article 67, the conditions for registering an industrial plan require submission of a declaration to the registration authority.
According to Article 68, the declaration of industrial design registration must be made in 2 copies and in a special form (i-1) in Persian language and signed by the applicant or his legal representative after mentioning the date.
Note – If the documents attached to the declaration and other related documents are in a language other than Farsi, it is mandatory to submit the original documents along with their full normal translation, however, if the full translation of these documents is not available for the applicant, it can be summarized. Add them to Farsi. If necessary, the registration authority can demand an official translation of the mentioned documents during the examination of the declaration. If the technical and scientific terms used in the mentioned documents do not have Persian equivalents, it is sufficient to mention the same terms.
According to Article 84, the following industrial projects cannot be supported.
1- Designs that are not new or original;
2- Designs that are created only as a result of the technical performance of the product;
3- Designs containing symbols or official emblems;
4- Plans against public order or good morals.
In accordance with the provisions of Article 21 of the law, a new industrial plan is a plan that has not been presented to the public before the submission of the declaration or before the date of claiming the right of priority.
An industrial design is considered original if it is created independently by the designer and is not a copy or imitation of existing designs, in a way that, from the point of view of an informed user, is different from the designs that have already been made available to the public.
Industrial plan registration steps in Iran
First, the applicant must complete his tax declaration in the Internet system of the Industrial Design Registration Office. Then the experts of the system check the plan from a legal point of view, at this stage, if the notification conditions are met and there are no problems, the acceptance notification is issued. A person must go to the industrial design registration office in person and receive his industrial design registration number while paying the registration fees. The relevant plan is in the name of the applicant and he is also granted a registration certificate, in this situation he has the right to exclusive use of the registered plan and can send it for publication in the official newspaper.
Steps to register an industrial plan abroad
Registration of an industrial plan for abroad is possible in the following three ways.
1. National registration
The national registration method for an industrial plan is the same as doing the work procedures for the country, with the difference that after choosing the country, the applicant must translate all his documents according to the language of the country he has chosen and send them to the relevant department for review.
2. Regional registration
Some countries established a kind of relationship with each other, which is called a regional cooperation agreement. When the applicant registers his industrial plan for one of the member countries in the treaty, his plan is also registered in other member countries and they also benefit from their support.
3. International registration
In international registration, it is not possible to register a design in one country and have the support of other treaty countries. In this type of registration request, it takes between 1 and 4 months, depending on the number of requests from other applicants and the type of your plan. Individuals in treaty countries must file an international application and submit it for submission to the Treaty Enforcement Division of the World Intellectual Property Organization. At this stage, after sending the person’s request to the applicant country, he is supported there, if the person’s request is rejected, he has the right to protest this decision.
Note: International registration is for countries that are members of international agreements, unfortunately, Iran is not included in this list.
In the end; The stages of industrial design registration and its requirements
Among the conditions for registering an industrial design, we can point out things like being new and original, referring to the appearance and shape of the product, the absence of official signs in it, and observing good ethics. Registration of this plan can be done inside and outside the country, each of them has relatively different steps. To register an industrial plan outside of Iran, it is possible to proceed in two ways, nationally and regionally. In this category, there is also international registration, which unfortunately does not include Iranian applicants.
