Manage your Intellectual Property in Latin America

What requirements does an industrial design have to meet in order to be protected in Chile and MERCOSUR?

What requirements does an industrial design have to meet in order to be protected in Chile and MERCOSUR?

In Argentina, the design is required to be innovative, original, to have a different configuration, and to have innovative, particular features with respect to previous industrial models and designs. Its components cannot be imposed by the purpose of the product, nor be the result of a mere colour change. Finally, it shall not be contrary to morals and good customs.

In Brazil, it is required to have a new and original external configuration and to be able to be used as a pattern for industrial manufacturing. Dotted lines and incomplete parts are not registrable as an Industrial Design.

In Chile, Industrial Design includes any three-dimensional form and any industrial or handcrafted product that can be used as a pattern to manufacture other units. It must also differ from other similar products by its shape, geometric configuration, ornamentation or a combination of these, as long as these characteristics make it have a special, visible appearance, thus having new features. In Chile, Industrial Design must be new and non-excluded from the legislation. As an internal standard, it is necessary that the product description explains the utility of the design that is being presented.

In Paraguay, a design must be new to be registered. It must be able to be used only to accomplish a technical effect, and it cannot be contrary to morals, public order, and good customs.

In Uruguay, the product must be new, with an original shape or appearance (it cannot consist of unimportant differences from previous models and designs), it must not have the essential purpose of accomplishing a technical effect or technical exigencies or the purpose the product is to fulfill. The design must have a definite, specific shape and cannot consist of only a colour change of an already existing design. Likewise, no design can be contrary to public policy or good customs.

In Venezuela, all new designs or drawing for industrial use can be registered as an industrial design.

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