Đơn đăng ký kiểu dáng công nghiệp cần chú ý điều gì?

    Đơn đăng ký kiểu dáng công nghiệp cần chú ý điều gì? Kiểu dáng, hình khối, đường nét, màu sắc, sự kết hợp giữa các yếu tố này hay nói chung là hình dáng bên ngoài của sản phẩm được gọi là kiểu dáng công nghiệp. Đây một trong số các đối tượng của quyền sở hữu công nghiệp và chỉ được bảo hộ khi đã đăng ký và được cấp văn bằng bảo hộ

 Khi thực hiện việc đăng ký đối với đối tượng này, đơn đăng ký cần chú ý những vấn đề sau: 

           Đơn đăng ký bảo hộ kiểu dáng công nghiệp cần phải có đủ các tài liệu xác định kiểu dáng công nghiệp cần được bảo hộ bao gồm: bản mô tả kiểu dáng công nghiệp, bộ ảnh chụp, bản vẽ kiểu dáng công nghiệp phải thể hiện được đẩy đủ các đặc điểm tạo dáng của kiểu dáng công nghiệp như đường nét, màu sắc, hình khối… Trong đó,đăng ký kiểu dáng công nghiệp bao gồm:

+ Phần mô tả kiểu dáng công nghiệp và phạm vi bảo hộ kiểu dáng công nghiệp. Trong đó, phần mô tả kiểu dáng công nghiệp phải đáp ứng các điều kiện sau:

–          Bộc lộ đầy đủ các đặc điểm tạo dáng thể hiện bản chất của kiểu dáng công nghiệp và nêu rõ các đặc điểm tạo dáng mới, khác biệt so với kiểu dáng công nghiệp ít khác biệt nhất đã biết, phù hợp với bản chụp hoặc bản vẽ.

–          Trường hợp đơn đăng ký kiểu dáng công nghiệp gồm nhiều phương án thì phần mô tả phải thể hiện đầy đủ các phương án và chỉ rõ các đặc điểm khác biệt giữa phương án cơ bản với các phương án còn lại.

–          Trường hợp kiểu dáng đăng nghiệp được đăng ký là của một bộ sản phẩm thì bản mô tả phải thể hiện được rõ kiểu dáng của từng sản phẩm trong bộ đó.

+ Phạm vi bảo hộ kiểu dáng công nghiệp phải nêu rõ các đặc điểm tạo dáng cần được bảo hộ, bao gồm các đặc điểm mới, khác biệt với các kiểu dáng công nghiệp tương tự đã biết.

 

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