Nên đăng ký bảo hộ kiểu dáng công nghiệp khi nào

Nên đăng ký bảo hộ kiểu dáng công nghiệp khi nào. Nên đăng ký bảo hộ kiểu dáng công nghiệp khi nàoKhi một sản phẩm được sản xuất sẽ mang những đặc điểm riêng về hình nét, đường khối, màu sắc được gọi chung là kiểu dáng công nghiệp của sản phẩm. Kiểu dáng công nghiệp là một đối tượng của quyền sở hữu công nghiệp và các quyền của chủ sở hữu đối với đối tượng này sẽ được xác lập khi được cấp bằng độc quyền kiểu dáng công nghiệp.

Theo đó, để được cấp văn bằng này, chủ sở hữu phải thực hiện thủ tục đăng ký cấp bằng độc quyền sáng chế tại Cục sở hữu trí tuệ. Tuy nhiên, khác với thủ tục đăng ký nhãn hiệu có thể được thực hiện trước hoặc sau khi sản phẩm, dịch vụ mang nhãn hiệu đã được đưa ra thị trường còn đối với việc đăng ký kiểu dáng, các tổ chức, cá nhân nên chú ý đến thời điểm thực hiện thủ tục đăng ký này. Điều này xuất phát từ một trong những điều kiện để được cấp văn bằng bảo hộ kiểu dáng công nghiệp là phải đảm bảo tính mới. Một kiểu dáng công nghiệp sẽ được coi là đảm bảo tính mới khi nó khác với những kiểu dáng đã được bộc lộ công khai dưới bất kỳ hình thức nào đó ở trong và ngoài nước. Do vậy, việc đưa sản phẩm mang kiểu dáng công nghiệp ra sử dụng, lưu thông trên thị trường hoặc bằng bất kỳ một hình thức nào khác để công chúng biết đến sản phẩm thì sẽ có nguy cơ làm mất đi tính mới của kiểu dáng công nghiệp. Đây chính là một sai lầm mà không ít các tổ chức cá nhân sản xuất kinh doanh đã gặp phải. Điều này đã dẫn đến hậu quả là đơn đăng ký kiểu dáng công nghiệp không được chấp nhận vì thiếu điều kiện là tính mới của kiểu dáng.

Do vậy, một lưu ý mà các tổ chức, cá nhân cần quan tâm khi đăng ký bảo hộ kiểu dáng là thực hiện thủ tục này trước khi công bố sản phẩm đến với công chúng dù bằng bất kỳ hình thức nào.

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