Industrial Designs Law in Lithuania
Sure! Here’s an overview of the Industrial Designs Law in Lithuania:
Industrial Designs Law in Lithuania
1. Legal Framework
The primary law governing industrial designs in Lithuania is the Law on Legal Protection of Industrial Designs (Lietuvos Respublikos pramoninių dizainų teisės apsaugos įstatymas).
Lithuania is a member of the European Union (EU), so EU regulations also apply, notably the Community Design Regulation.
Lithuania also follows international agreements such as the Paris Convention and the Hague Agreement (for international design registration).
2. Protection under Lithuanian Law
An industrial design protects the appearance of a product or its part — this includes lines, contours, colors, shape, texture, and/or materials.
To be eligible for protection, a design must be:
New — it should not be identical to any design made available to the public before the filing date.
Have individual character — the overall impression must differ from existing designs.
3. Types of Protection
Registered Industrial Design — granted through the Lithuanian Patent Office (Lietuvos Respublikos valstybinis patentų biuras).
Unregistered Community Design — automatically protected for 3 years throughout the EU from the date the design was first made public.
4. Registration Procedure
Designs can be registered by filing an application with the Lithuanian Patent Office.
Applications must include representations of the design and specify the product(s) to which it applies.
The application undergoes formal examination but no substantive examination regarding novelty or individual character is conducted by the Patent Office.
Registration grants exclusive rights to the design owner.
5. Term of Protection
Registered designs are protected for up to 25 years from the filing date.
The term consists of an initial 5 years and can be renewed in 5-year increments up to the total 25 years.
6. Rights Conferred
The holder of the registered industrial design has the exclusive right to use the design and to prevent third parties from using it without consent.
This includes manufacture, sale, import, or use of products bearing or embodying the protected design.
7. International & EU Context
As Lithuania is part of the EU:
EU Registered Community Designs (RCDs) are valid and enforceable in Lithuania.
Lithuania adheres to international treaties like the Hague System enabling international registration of designs.
8. Enforcement
Infringement of design rights is enforceable in Lithuanian courts.
Remedies may include injunctions, damages, and destruction of infringing goods.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law on Legal Protection of Industrial Designs |
| Registration Authority | Lithuanian Patent Office |
| Registration Requirements | Formal examination only |
| Protection Term | 25 years (renewable in 5-year periods) |
| Unregistered Protection | Unregistered Community Design (3 years in EU) |
| EU & International Treaties | Paris Convention, Hague Agreement, EU Community Design Regulation |
| Enforcement | Civil courts; injunctions, damages, etc. |
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