Industrial Designs Law in Uruguay
In Uruguay, industrial design protection is governed by Law No. 17.164, which regulates invention patents, utility models, and industrial designs. This law is administered by the National Directorate of Industrial Property (DNPI) under the Ministry of Industry, Energy, and Mining (MIEM).
🛡️ Legal Framework
Governing Legislation: Law No. 17.164, Title IV, regulates industrial designs in Uruguay.
Governing Authority: National Directorate of Industrial Property (DNPI), Ministry of Industry, Energy, and Mining (MIEM).
International Agreements: Uruguay is a signatory to the Paris Convention for the Protection of Industrial Property and the TRIPS Agreement.
📝 Protection Criteria
To qualify for protection under Law No. 17.164, an industrial design must meet the following criteria:
Originality: The design must be an original creation with ornamental character.(SICE)
Ornamental Character: The design must give the product a special appearance through aspects such as line, outline, configuration, color, texture, or material. (SICE)
Exclusions: The following are not eligible for industrial design protection:
Designs that have been disclosed or made available to the public before the filing date.(SICE)
Designs lacking original shape or aspect.(SICE)
Designs whose shape is dictated solely by technical function.
Designs lacking a specifically defined shape.(SICE)
Designs consisting only in a change in color of already known designs.(SICE)
Designs entailing the performance of a work of art.(SICE)
Designs contrary to public order and socially accepted manners. (SICE)
📄 Registration Process
Application Submission: File an application with the DNPI, including:(Lex Mundi)
A graphic representation of the design showing it from different angles.(SICE)
A description of the design.
Payment of the application fee.
Examination: The DNPI examines the application for compliance with legal requirements and novelty.
Publication: The application is published, allowing third parties to file oppositions within 30 days.
Grant: If no opposition is filed or if opposition is resolved in favor of the applicant, the design is registered.
📅 Duration and Renewal
Initial Protection: The protection period for a registered industrial design is 5 years from the filing date.
Renewal: The protection can be renewed for two additional 5-year terms, totaling a maximum of 15 years.
Renewal Procedure: Renewal applications must be filed before the expiration of the current protection period.
⚖️ Enforcement and Legal Remedies
Exclusive Rights: The owner of a registered industrial design has the exclusive right to prevent third parties from manufacturing, selling, offering for sale, using, importing, or storing without authorization any product with a design reproducing, being similar to, or including their design. (SICE)
Legal Actions: In case of infringement, the design owner can seek legal remedies through the courts.
🌐 International Protection
Paris Convention: Uruguay is a member, allowing for priority claims based on earlier filings in other member countries. (Lloyds Bank Trade)
TRIPS Agreement: Uruguay is a signatory, aligning its intellectual property laws with international standards. (Lloyds Bank Trade)
📋 Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Law No. 17.164 |
| Governing Authority | National Directorate of Industrial Property (DNPI), MIEM |
| Protection Criteria | Originality, Ornamental Character, Exclusions |
| Registration Process | Application, Examination, Publication, Grant |
| Duration | Initial 5 years, renewable for two 5-year terms (max 15 years) |
| Renewal | Must be filed before expiration; no grace period |
| Enforcement | Exclusive rights; legal actions through courts |
| International Protection | Paris Convention, TRIPS Agreement |
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