Industrial Designs

A design is the aesthetic or ornamental aspect of a product.
The term "design" is used to define the three-dimensional characteristics (of shapes and surfaces) as well as the two-dimensional characteristics (drawings, lines, or colors) applied to industrial products, which give the product an attractive appearance for the consumer.

Three-Dimensional Design is:
A three-dimensional creation (shape) that gives the product a distinct appearance, but does not impart any technical effect to the product.

A two-dimensional design is:
A two-dimensional creation, such as drawings, lines, or colors, applied to products to give them a distinct appearance, but that does not provide a technical effect.
Designs are applied to a wide range of products from various sectors of industry and commerce, ranging from complex instruments with specific and exclusive uses (such as machinery, vehicles, tools, engines, computers, architectural structures, etc.) to simple or everyday items (such as clothing, jewelry, electrical appliances, toys, and furniture).
National legislation for industrial designs protects these products based on their aesthetic characteristics, excluding from protection any technical or functional features of the products to which it applies.

Industrial design is a marketing feature; the reason for including a design in a unique product is to attract the consumer's attention to the product that is being launched in the market for sale.

The greater the success a design achieves in the market, the greater the economic value it will have for the company.

Industrial design is an exclusive right (registered designs provide greater protection and more advantages than unregistered designs). Like all industrial property rights, a design can be granted, licensed, mortgaged, or transferred.
Design as an element that increases a company's competitive advantage. When the practical benefit of a common product is not fundamentally distinguishable from that of another product fulfilling the same function (as is often the case), the consumer will base their choice on the product's design. This means that the consumer will decide to buy the more attractive, more original, more appealing product, the one with the better design.

The importance of protecting industrial design is based on the fact that this design increases the commercial value of the product to which it is applied.
Considering this fact, industrial design legislation provides legal protection for designers against infringements. In fact, through application and registration with a competent office, the design holder gains an exclusive right over the creation.
The registration of an industrial design provides a secure basis for the holder, with legal protection of their rights and interests.

Methods of protection:

–  As Industrial Property

An industrial design, to be protected as a design, must be new; in other words, it must ensure that the form of the product is not yet known before protection is sought. Depending on the specific requirements of the relevant legislation, the design must be original, have individual characteristics, or be applied to a product that fulfills a functional purpose.

– As Intellectual Property
Some designs are conceived and considered as works of art and, thus, in certain cases, they are automatically protected by copyright law. Regardless of whether the design enjoys intellectual property protection, it is also suitable for registration as an industrial design (taking into account that not all legal systems allow for the coexistence of these two forms of protection), as the protection and enforcement mechanisms recognized by industrial property laws are more effective.

– Protection against unfair competition
Industrial design is also protected by competition law.
In the same way, the design holder may seek judicial decisions in order to halt or prevent further harm from the violation of their rights and to ensure the effective and real enforcement of decisions in the future.

Patents granted are only protected in the country where they were issued. For example, patents granted in Albania are only protected in Albania and not in other countries. In this case, anyone in other countries can copy, produce, sell, and distribute your invention without the need for licensing. To be protected, the patent holder must apply in all the countries where protection is sought.

The process of patenting an invention in multiple countries is a long and expensive process.

Fortunately, in 1970, many countries decided to simplify the process for patenting and protecting inventions and created the PCT (Patent Cooperation Treaty). Thanks to the PCT, inventors can file only one application for an international patent, which is valid in 120 countries, including our own.

Applicants can choose whether they want to apply for a patent in all of these countries or only in a part of them.

The General Directorate of Industrial Property examines the application in accordance with the requirements of the law no. 9947 dated 07.07.2008 "On Industrial Property"regarding the regularity of the accepted application."

Industrial design refers to the external characteristics of a product, generally the ornamental or aesthetic aspect of a product, as a whole or of its parts, that gives it a distinctive appearance and is not excluded from protection.

1.1 The filing date of an application

The filing date of an application for the registration of an industrial design is considered the date when the DPPI receives the request. Two or more designs may be the subject of the same application, provided they belong to the same class, in accordance with the international classification of Locarno. A regular national application is any application that has met the necessary requirements to obtain a filing date.

1.2 Examination of formalities

1. DPPI, within three months from the date of receipt of the application for the registration of an industrial design, conducts a preliminary examination of the application to see if it complies with the requirements of Article 119 of this law and also determines the filing date of the application or the priority date, if priority has been claimed. If the requirements of the aforementioned article are not met, the DPPI requests the applicant to fulfill them within three months from the notification date. If the applicant fails to fulfill the requested requirements, the DPPI rejects the application and notifies the applicant in writing.

1.3 Publication of the application

When the application for the registration of an industrial design is filed in accordance with the requirements of this law, the details of the application are published in the DPPI's bulletin.

1.4 Opposition to an industrial design

Opposition to a published industrial design can be made within a 3-month period from the date of publication, upon payment of the relevant fee. The details on how to file the opposition and the necessary procedures are provided in the industrial design regulations.

The Appeals Board of the DPPI examines whether the filed opposition is in accordance with the provisions set forth in the law. Each party has the right to participate in the opposition review process and present their arguments, either orally or in writing, within a time period specified by the Appeals Board. During the review, the Appeals Board has the right to request the parties to submit additional materials and documents. The Appeals Board examines the opposition within a three-month period from the submission date and notifies the parties of the decision. The decision of the Appeals Board regarding the opposition can be appealed in court within 30 days from the date of receiving the notification of the board's decision.

1.5 Registration of the industrial design

The DPPI, within three months from the approval of the filing date, examines whether the application complies with the requirements of the law. Based on the results of the examination, the examiner decides whether to register or refuse the design and notifies the applicant. When the decision is in favor of registration, the applicant is requested to pay the registration fee within three months from the publication date. The DPPI rejects the application for the registration of a design if the requirements set forth in Article 115 of the law are not met. If the applicant fails to pay the registration fee within the specified period, the DPPI rejects the application for the design registration. The registered design is published in the DPPI's bulletin.

1.6 Duration and renewal of registration

The registration of an industrial design is valid for 5 years, starting from the date of filing the application for its registration. The registration can be renewed, upon payment of a specified fee, for an additional five-year period, up to a total of 25 years, from the date of filing the application for the design registration.

Article 112

Definition and conditions of protection
1. For the purpose of this law:
a) "Industrial design" (hereinafter "design") refers to the external shape characteristics of a product, generally, the ornamental or aesthetic aspect of a product, as a whole or of its parts, which gives it a unique appearance and is not excluded from protection, according to point 3 of this article.
b) "Product" is any item, produced industrially or artisanally, including, among others, parts intended to be combined into a complex product, packaging, aesthetic appearance, graphic symbols, and typographic prints, but excluding computer programs.
c) "Complex product" is a product that is composed of multiple components, which can be replaced, allowing the disassembly and reassembly of the product.
d) Industrial designs can be two-dimensional, three-dimensional, or a combination of both.

Industrial designs are protected through registration at both national and international levels. The international route is made possible through the Hague Agreement and the Geneva Act.