RNDr. Elena Dolanská

Design

Under design we understand the external appearance of the product or of its part consisting of signs, such as outlines, contours, colours, shape, structure or material of the product itself or of its decoration.

Design may be protected if it is new and has unique features. Design is considered to be new if no identical design had been available to the public before the day of acquiring the right of preference. Design has unique features if the overall impression that it evokes in an informed user is different from the overall impression evoked in such a user by a design made available to the public before the day of establishment of the right of preference.

The owner of a registered design, thus of a design recorded in the register of designs, has a sole right to exploit the registered design, prevent third persons from using it without his/her consent, grant consent for its use, transfer it onto another person or establish a lien on it. Under exploiting the registered design one understands mainly production, offer, introduction onto the market, import, export or use of a product in which the design is incorporated or on which it is used, or storing of such a product.

The validity of a registered design is 5 years from the date of submitting the application and may be prolonged four times, each time by 5 years, thus to a total period of validity of 25 years.