Industrial Designs Law in Bhutan
Here’s an overview of Industrial Designs Law in Bhutan:
🇧🇹 Industrial Designs Law in Bhutan
1. Legal Framework
Industrial design protection in Bhutan is governed by the Intellectual Property Act of Bhutan, 2001, and related regulations.
The Department of Intellectual Property (DIP) under the Ministry of Economic Affairs administers industrial design registrations.
Bhutan is a member of the World Intellectual Property Organization (WIPO) but is not a member of some regional IP organizations like ARIPO or OAPI.
Bhutan is a party to the Paris Convention and complies with TRIPS Agreement standards.
2. Definition of Industrial Design
An industrial design is defined as any composition of lines, colors, or any three-dimensional form giving a special appearance to a product, which can serve as a pattern for manufacturing the product.
It refers to the ornamental or aesthetic aspects of an article.
3. Registration Process
Industrial design applications are filed with the Department of Intellectual Property.
Applicants must submit clear representations (drawings, photographs) of the design.
The design must be new and possess individual character.
The DIP conducts a formal examination, and in some cases, substantive examination.
Applications are published for opposition.
4. Duration and Renewal
Protection is granted for an initial period of 5 years from the filing date.
The registration can be renewed for two consecutive periods of 5 years each, for a total of 15 years.
5. Rights Conferred
The registered owner has exclusive rights to prevent unauthorized manufacturing, selling, or importing of products bearing the design.
The owner can license or assign the design rights.
6. Grounds for Refusal
Designs lacking novelty or individual character.
Designs dictated solely by technical or functional considerations.
Designs contrary to public order or morality.
7. International Treaties
Bhutan adheres to:
Paris Convention
TRIPS Agreement
Bhutan is not yet a member of the Hague Agreement for international design registration.
Additional Notes:
Bhutan’s IP system is relatively young but evolving to meet international standards.
The DIP provides information and filing services, though online filing may be limited.
Protection is territorial; for broader protection, international filings in other jurisdictions are necessary.
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