TITLE IV
INDUSTRIAL DESIGNS
Chapter I
Scope
104. For the purposes of this Law, any combination of lines or colors and, as an
industrial model, any three-dimensional form, whether or not associated with lines or colors,
shall be deemed to be an industrial design, provided that such combination or form gives a
special appearance to a product of industry or handicraft and can serve as a pattern for the
manufacture of a product of industry or handicraft.
The industrial design must differ from similar designs either through a separate,
recognizable configuration giving it a character of novelty, or through one or more external
aspects giving it a specific and new appearance.
105. An industrial design shall be new if it has not been made available to the public
through advertising or any other means, prior to the date of its filing or, where applicable,
prior to the date of validly claimed priority.
An industrial design shall not be deemed to have been made available to the public
solely by reason of the fact that, within the period of six months preceding the date of filing, it
appeared for the first time in an official or officially recognized international exhibition,
organized on the territory of one of the countries of the International Union for the Protection
of Industrial Property.
Chapter II
Right to protection
106. The ownership of an industrial design shall belong to the person who has created it
or to his successors in title, but the first person filing said industrial design shall be assumed,
unless proven otherwise, to be the creator thereof, subject to the provisions of Article 107
below.
107. The provisions of Article 18 above shall apply to industrial designs.
108. If the same subject matter can be considered both a patentable invention and a
novel industrial design and if the constituent elements of the novelty of the industrial design
are inseparable from those of the invention, said subject matter may only be protected in
accordance with the provisions which apply to invention patents.
109. If two or more persons have jointly created an industrial design, the right to obtain
legal protection shall belong to them or their successors in title jointly. Any person who has
merely assisted in the creation of the industrial design without making any contribution of a
creative nature shall not, however, be considered a creator or co-creator.
110. The provisions of Articles 77 to 80 above shall apply to industrial designs.
111. The provisions of Article 19 above shall apply to industrial designs.
112. Only industrial designs which have been duly filed and registered by the entity
responsible for industrial property shall qualify for the protection granted by this Law, as
from the date of filing.