Industrial Designs Law in Estonia
Industrial Designs Law in Estonia is governed primarily by the Estonian Industrial Design Act, which aligns with the European Union directives and international agreements, as Estonia is a member of the EU and WIPO.
Key Features of Industrial Designs Law in Estonia
1. Definition
An industrial design protects the appearance of the whole or a part of a product resulting from features such as lines, contours, colors, shape, texture, or materials.
2. Eligibility
To qualify for protection, the design must be new and possess an individual character, meaning it creates a different overall impression compared to existing designs.
📄 Registration Process
Application Submission
Applications are filed with the Estonian Patent Office (EPO).
The application should include:
A clear representation of the design (drawings or photos).
A description if necessary.
Applicant details.
Examination
The Estonian Patent Office carries out a formal examination to verify the application complies with requirements.
There is no substantive examination regarding novelty before registration (the system is largely formal).
Publication
Registered designs are published in the official design register.
Registration
Upon acceptance, a certificate of registration is issued.
⏳ Duration of Protection
Initial protection lasts 5 years from the filing date.
Protection can be renewed in 5-year increments up to a maximum total term of 25 years.
⚖️ Rights Conferred
The design owner has the exclusive right to use the design and to prevent unauthorized copying, imitation, or commercial use.
🌍 International Treaties
Estonia is a member of:
The European Union, subject to EU Community Design Regulation for unregistered and registered Community designs.
The Hague Agreement for international design registration.
The Paris Convention and TRIPS Agreement through WIPO and WTO membership.
🛡️ Enforcement
Industrial design rights are enforced through Estonian courts.
Remedies include injunctions, damages, and destruction of infringing products.
✅ Summary
Estonia’s Industrial Design Act provides protection for new, individual designs via registration with the Estonian Patent Office.
Protection lasts up to 25 years (renewable every 5 years).
Estonia follows EU and international design protection frameworks.
Enforcement is available through the national courts.
RELATED Blog
0 comments