Industrial Designs Law in Palestine
In Palestine, industrial designs are protected under separate legal frameworks in the West Bank and Gaza Strip, each with distinct regulations and procedures.
🏛️ Legal Framework
West Bank: Industrial design protection is governed by the Jordanian Industrial Property Law No. 33 of 1952, which applies to the West Bank.
Gaza Strip: Protection is based on the Palestinian Trademark and Patent Law of 1938, which applies to the Gaza Strip.
Both jurisdictions require separate applications for industrial design protection, and the laws are similar in many respects. For comprehensive protection across Palestinian territories, it is advisable to file in both jurisdictions
📝 Eligibility and Registration
Definition: An industrial design refers to the ornamental or aesthetic aspect of an article, including features such as shape, configuration, pattern, or ornamentation.
Registrability: Designs must be new and original to qualify for protection.
Application Requirements:
A Power of Attorney legalized by the Palestinian or Jordanian Consulate.
Three sets of specimens or representations of the design.
Details of the article(s) covered by the design and the material used.
A description of the design highlighting its novel aspects.
The class in which the design is to be registered.
The name, business, nationality, and address of the applicant.
Examination: Registrations are effected without a novelty examination; the applicant bears responsibility for ensuring the design's novelty.
⏳ Duration and Renewal
Initial Term: 5 years from the filing date.
Renewal: The design can be renewed for two additional terms of 5 years each, totaling a maximum protection period of 15 years.
⚖️ Enforcement and Legal Recourse
Infringement: Unauthorized use of a registered design is prohibited and may lead to legal action.
Cancellation: A design registration can be canceled if it is proven that the design was not novel at the time of filing or if it is not applied through manufacturing processes in the territories to a reasonable extent.
Appeals: Decisions regarding design registration can be appealed to the competent tribunal.
🌍 International Protection
Paris Convention: Palestine is a member, allowing applicants to claim priority based on earlier filings in other member countries within six months.
Hague Agreement: Palestine is a contracting party, enabling international protection of designs through a single application.
📌 Key Takeaways
Separate Jurisdictions: File separate applications for the West Bank and Gaza Strip.
No Novelty Examination: Applicants are responsible for ensuring the design's novelty.
International Protection: Available through the Paris Convention and the Hague Agreement.
Legal Recourse: Infringement can lead to legal action, and decisions can be appealed.
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