Industrial Designs Law in Andorra
Certainly! Here’s an overview of Industrial Designs Law in Andorra:
Industrial Designs Law in Andorra
Legal Framework
Industrial design protection in Andorra is governed by the Industrial Designs and Models Act (Llei 16/2001, de 6 de juny, sobre la protecció dels models i dissenys industrials).
The responsible authority for registration is the Andorran Office of Industrial Property (Oficina de Patents i Marques d’Andorra, OPMA).
Andorra is not a member of the Hague Agreement on the international registration of industrial designs.
However, Andorra is a party to the Paris Convention, facilitating priority rights from foreign filings.
Key Features
1. What Can Be Protected?
Any novel and individual industrial design can be registered.
This includes the appearance of a product or part of it resulting from features such as:
Lines
Contours
Colours
Shape
Texture
Materials used
Protection covers two-dimensional and three-dimensional designs.
2. Requirements for Protection
The design must be new — not previously disclosed anywhere in the world.
The design must have individual character, meaning it produces a different overall impression on the informed user compared to existing designs.
3. Registration Process
Applications are filed with the OPMA.
Examination focuses on formal requirements; no substantive examination for novelty or individual character is performed.
Once accepted, the design is published in the Official Bulletin.
There is a possibility to request deferred publication (up to 30 months).
4. Duration and Renewal
Registered designs are protected for 5 years from the filing date.
Protection can be renewed in consecutive 5-year periods up to a maximum of 25 years.
5. Rights Conferred
Exclusive rights to use the design and prevent third parties from using it without consent.
Right to prevent manufacturing, selling, or importing products that incorporate the protected design.
6. Infringement and Enforcement
Enforcement is through civil courts in Andorra.
Remedies include injunctions, damages, and seizure of infringing products.
Criminal sanctions may apply in cases of counterfeiting.
7. International Treaties
Andorra is a party to:
Paris Convention
Andorra is not a member of the Hague System for international registration of designs.
Protection abroad requires separate national filings or use of international systems covering other jurisdictions.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Industrial Designs and Models Act 2001 |
| Registration Authority | Andorran Office of Industrial Property (OPMA) |
| Protection Duration | 5 years, renewable up to 25 years |
| International Systems | Paris Convention (priority rights) |
| Enforcement | Civil remedies; possible criminal sanctions |
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