Industrial design
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16 Terms
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Compensation fordamage
________ shall cover not only the losses suffered but also the gains which the design holder has failed to obtain as a result of the infringement of his right.
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Industrial designs
________ are what make an art attractive and appealing.
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graphic description
Application form: ________ of the product, the identification of the applicant, the product and its classification.
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exhaustion of rights
49 ________: the rights shall not extended to product incorporating designs when the product has been put on the market in the EEA by the owner or with his consent.
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Industrial design
________ is the: appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture or materials of the product itself or its ornamentation.
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Industrial Designs
________ refers to aesthetics and usability of mass- produced products, that makes them attractive to the eye and improves its marketability.
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Industrial design is the
appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture or materials of the product itself or its ornamentation
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types of industrial design
design, artistic models and drawings, registered or not
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conditions to be met
appearance (general appearance received by the final user, not technical aspect), novelty, singular character
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application form
graphic description of the product, the identification of the applicant, the product and its classification
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NON registered design
not to be copied, for 3 y
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registered design
the exclusive right to use and prohibit its use by other without their consent
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term of protection
5 y, renewal for 5 y periods to a max of 25
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49 exhaustion of rights
the rights shall not extended to product incorporating designs when the product has been put on the market in the EEA by the owner or with his consent
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Industrial designs have hybrid character
industrial property + copyright
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To be protected, the industrial design must be new or original (unique) and non
functional
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