Industrial Designs Law in Austria
Here’s an overview of Industrial Designs Law in Austria:
Industrial Designs Law in Austria
Legal Framework
Industrial design protection in Austria is governed by the Austrian Design Act (Geschmacksmustergesetz).
Austria is a member of key international treaties, including:
Hague Agreement Concerning the International Registration of Industrial Designs (WIPO)
European Union Community Design Regulation (since Austria is an EU member)
Paris Convention
TRIPS Agreement
Competent Authorities
The Austrian Patent Office (Österreichisches Patentamt) is the national authority for design registration.
As an EU member, Austria is also subject to:
EU Registered Community Designs (RCD), which provide protection across all EU member states.
Unregistered Community Designs (UCD) protection in the EU for short-term design rights.
Key Features:
Definition of Industrial Design
An industrial design protects the appearance of a product or part of a product resulting from its features such as lines, contours, colors, shape, texture, or materials.
Types of Protection
Registered Design: Provides exclusive rights after formal registration with the Austrian Patent Office or via the EU RCD system.
Unregistered Design: The EU also provides short-term unregistered design protection for 3 years from disclosure.
Registration Process
National designs are filed with the Austrian Patent Office.
Applications must include representations of the design and specify the products to which the design applies (using Locarno Classification).
Examination focuses mainly on formal requirements; substantive examination of novelty and individual character occurs if requested or during enforcement.
Registered designs are published after registration.
Duration and Renewal
Registered designs are protected for an initial period of 5 years from the filing date.
Protection can be renewed in 5-year increments up to a maximum of 25 years.
Rights Conferred
Exclusive rights to use and prevent unauthorized copying, manufacturing, selling, or importing products bearing the protected design.
Grounds for Refusal
Designs that lack novelty or individual character.
Designs dictated exclusively by technical function (not protectable under design law).
Designs contrary to public order or morality.
Infringement and Enforcement
Design infringement can be enforced through civil courts, seeking injunctions, damages, and destruction of infringing goods.
Criminal penalties may apply for counterfeiting or willful infringement.
International Protection
Austria participates in the Hague System, allowing for international registration designating Austria.
EU-wide protection can be obtained via Registered Community Designs through the European Union Intellectual Property Office (EUIPO).
Summary
Austria provides robust industrial design protection through national law aligned with EU regulations and international treaties. Designers can register nationally or obtain broader protection through EU or Hague registrations, enjoying exclusive rights for up to 25 years.
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