1945

How important is it to keep the design confidential before registration?

image of How important is it to keep the design confidential before registration?

If you wish to protect your industrial design under a registration system, keeping the design confidential is absolutely crucial. The reason for this is that the central requirement for design protection is that the design must be ‘new’. If you show your creative design to others it is advisable to have written agreements clarifying that the design is confidential. A design that has already been disclosed to the public by, for example, advertising it in your company’s catalogue or brochure may no longer be considered ‘new’. It becomes part of the public domain and cannot be protected, unless the applicable law provides for a ‘grace period’.

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