CHAPTER III: INDUSTRIAL DESIGNS AND MODELS
SECTION ONE: INDUSTRIAL DESIGN AND MODEL RIGHTS
Article 89: Industrial design or model suitable for registration
An industrial design or model may be registered, provided that it is new.
The protection provided for by this Law shall not be extended to the features of an industrial
design or model which are used only to obtain a technical effect and insofar as they leave no
freedom as regards arbitrary features of the product’s appearance.
Article 90: Novelty of the industrial design or model
An industrial design or model shall be novel, if it has not been disclosed, in any place in the
world, in the form of a tangible publication, by use or any other means, prior to the filing date
or, where appropriate, the priority date of the registration request.
An industrial design or model shall be novel if it is not anticipated by the prior art.
The prior art shall consist of everything that has been disclosed, anywhere in the world, by
publication in tangible form, by oral disclosure, by use of industrial or model or in any other
way, prior to the filing date of the industrial design or model in the empowered authority or,
where appropriate, the priority date of the application claiming the invention.
For the purposes of the provisions of paragraph (2) of this article, a disclosure of the invention
of the industrial design or model shall not be taken into consideration, if it occurred within six
(6) months preceding the filing date of the industrial design or model or, where appropriate,
the priority date of the application, and if it has resulted directly or indirectly from acts
committed by the applicant or his legal predecessor, or from a violation committed by a third
party with regard to the applicant or his legal predecessor.
Article 91: Matter excluded from registration
Industrial designs and models contrary to public order or morality may not be registered.
SECTION 2: INDUSTRIAL DESIGN AND MODEL OWNERSHIP
Article 92: Right to registration
The right to a patent of the industrial design or model shall belong to the inventor. The right
to the patent is a personal property and may be assigned or transferred by means of
succession.