Industrial Designs Law in San Marino
VIn the Republic of San Marino, industrial designs are protected under the Industrial Property Consolidation Act (Law No. 79 of 25 May 2005), which harmonizes the country's intellectual property laws, including patents, trademarks, utility models, and industrial designs.
🛡️ What Is an Industrial Design?
An industrial design in San Marino refers to the appearance of the whole or a part of a product, resulting from its features, in particular the lines, contours, colors, shape, texture, and/or material the product is composed of and its ornamentations. The product must be suitable for industrial or craft production. (Vlada Crne Gore)
✅ Requirements for Protection
To be registrable, an industrial design must meet the following criteria:
Novelty: The design must be new and not have been disclosed before the filing date. (Regnet)
Individual Character: The design must produce a different overall impression on the informed user compared to any design disclosed before the filing date. (Regnet)
Non-Contravention of Public Policy or Morality: Designs that are contrary to public policy or morality are not registrable. (Regnet)
📝 Registration Process
Application Submission: File an application with the Office for Industrial Property (Ufficio Brevetti e Marchi), providing:
A request for registration.
Applicant's details.(Wikipedia)
Representation of the design.
Description of the design.
Priority claim, if applicable.(WIPO)
Examination: The office examines the application for compliance with formal requirements.
Publication: If accepted, the design is published in the official gazette.
Registration: Upon no opposition, the design is registered, and a certificate is issued.
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: Renewable every 5 years up to a maximum of 25 years.
🌐 International Protection
San Marino is a member of the Hague Agreement Concerning the International Registration of Industrial Designs. Since 26 January 2019, it is possible to designate San Marino in international design applications, allowing protection in multiple countries through a single application. (sib.it)
⚖️ Enforcement and Legal Recourse
Design rights holders can enforce their rights through:
Administrative Actions: Filing complaints with the Office for Industrial Property for violations.
Judicial Actions: Pursuing legal action in courts for infringement and seeking remedies such as injunctions and damages.
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