Chapter XIII

INDUSTRIAL DESIGN

SEC. 112. Definition of Industrial Design

       An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; Provided, That such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. (Sec. 55, R.A. No. 165a) 

Sec. 113. Substantive Conditions for Protection

       113.1. Only industrial designs that are new or original shall benefit from protection under this Act.

       113.2. Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to public order, health or morals shall not be protected. (n) 

SEC. 114. Contents of the Application

       114.1. Every application for registration of an industrial design shall contain: 

            (a) A request for registration of the industrial design; 

            (b) Information identifying the applicant; 

            (c) An indication of the kind of article of manufacture or handicraft to which the design shall be applied; 

            (d) A representation of the article of manufacture or handicraft by way of drawings, photographs or other adequate graphic representation of the design as applied to the article of manufacture or handicraft which clearly and fully discloses those features for which design protection is claimed; and 

            (e) The name and address of the creator, or where the applicant is not the creator, a statement indicating the origin of the right to the industrial design registration. 

       114.2. The application may be accompanied by a specimen of the article embodying the industrial design and shall be subject to the payment of the prescribed fee (n) .

SEC. 115. Several Industrial Designs in One Application

       Two (2) or more industrial designs may be the subject of the same application: Provided, That they relate to the same sub-class of the International Classification or to the same set or composition of articles. (n) 

SEC. 116. Examination

       116.1. The Office shall accord as the filing date the date of receipt of the application containing indications allowing the identity of the applicant to be established and a representation of the article embodying the industrial design or a pictorial representation thereof. 

       116.2. If the application does not meet these requirements the filing date should be that date when all the elements specified in Section 105 are filed or the mistakes corrected. Otherwise if the requirements are not complied within the prescribed period, the application shall be considered withdrawn. 

       116.3. After the application has been accorded a filing date and the required fees paid on time, the applicant shall comply with the requirements of Section 114 within the prescribed period, otherwise the application shall be considered withdrawn. 

       116.4. The Office shall examine whether the industrial design complies with requirements of Section 112 and Subsections 113.2 and 113.3. (n) 

SEC. 117. Registration

       117.1. Where the Office finds that the conditions referred to in Section 113 are fulfilled, it shall order that registration be effected in the industrial design register and cause the issuance of an industrial design certificate of registration; otherwise, it shall refuse the application. 

       117.2. The form and contents of an industrial design certificate shall be established by the Regulations: Provided, That the name and address of the creator shall be mentioned in every case. 

       117.3. Registration shall be published in the form and within the period fixed by the Regulations. 

       117.4. The Office shall record in the register any change in the identity of the proprietor of the industrial design or his representative, if proof thereof is furnished to it. A fee shall be paid, with the request to record the change in the identity of the proprietor. If the fee is not paid, the request shall be deemed not to have been filed. In such case, the former proprietor and the former representative shall remain subject to the rights and obligations as provided in this Act. 

       117.5. Anyone may inspect the Register and the files of registered industrial designs including the files of cancellation proceedings. (n) 

SEC. 118. The Term of Industrial Design Registration

       118.1. The registration of an industrial design shall be for a period of five (5) years from the filing date of the application. 

       118.2. The registration of an industrial design may be renewed for not more than two (2) consecutive periods of five (5) years each, by paying the renewal fee. 

       118.3. The renewal fee shall be paid within twelve (12) months preceding the expiration of the period of registration. However, a grace period of six (6) months shall be granted for payment of the fees after such expiration, upon payment of a surcharge. 

       118.4. The Regulations shall fix the amount of renewal fee, the surcharge and other requirements regarding the recording of renewals of registration. 

SEC. 119. Application of Other Sections and Chapters

       119.1. The following provisions relating to patents shall apply mutatis mutandis to an industrial design registration:

            Section 21 - Novelty; 

            Section 24 - Prior art; Provided, That the disclosure is contained in printed documents or in any tangible form;

            Section 25 - Non-prejudicial Disclosure; 

            Section 27 - Inventions Created Pursuant to a Commission; 

            Section 28 - Right to a Patent; 

            Section 29 - First to File Rule; 

            Section 31 - Right of Priority: Provided, That the application for industrial design shall be filed within six (6) months from the earliest filing date of the corresponding foreign application; 

            Section 33 - Appointment of Agent or Representative; 

            Section 51 - Refusal of the Application; 

            Sections 56 to 60 - Surrender, Correction of and Changes in Patent; 

            Chapter VII - Remedies of a Person with a Right to Patent; 

            Chapter VIII - Rights of Patentees and Infringement of Patents; and 

            Chapter XI - Assignment and Transmission of Rights. 

       119.2. If the essential elements of an industrial design which is the subject of an application have been obtained from the creation of another person without his consent, protection under this Chapter cannot be invoked against the injured party (n).

SEC. 120. Cancellation of Design Registration

       120.1. At any time during the term of the industrial design registration, any person upon payment of the required fee, may petition the Director of Legal Affairs to cancel the industrial design on any of the following grounds: 

            (a) If the subject matter of the industrial design is not registrable within the terms of Sections 112 and 113;

            (b) If the subject matter is not new; or 

            (c) If the subject matter of the industrial design extends beyond the content of the application as originally filed. 

       120.2. Where the grounds for cancellation relate to a part of the industrial design, cancellation may be effected to such extent only. The restriction may be effected in the form of an alteration of the effected features of the design. (n)