Requirements for Industrial Design Registration
To be eligible for registration, an industrial design must be new and original and must not have been made available to the public before the filing date of the application. Other requirements include the absence of official symbols or emblems and ensuring that the design is not contrary to public order or accepted standards of morality.
Industrial designs can be registered and protected both in Iran and internationally, through national, regional, and, where applicable, international registration systems.
Requirements for Industrial Design Registration
Under Article 21, an industrial design is registrable if it is new or original. An industrial design is considered new if, before the filing date of the application or, where applicable, before the priority date, it has not been disclosed to the public anywhere in the world through publication, use, or any other means.
Under Article 67, registration of an industrial design requires the submission of an application to the relevant registration authority.
According to Article 68, an industrial design application must be prepared in two copies, using the prescribed form (Form T-1), in the Persian language. The application must include the date and be signed by the applicant or their legal representative.
Note: If the documents accompanying the application or other relevant documents are prepared in a language other than Persian, the original documents must be submitted together with a complete ordinary translation. If providing a complete translation is not possible for the applicant, a Persian summary may be submitted instead. The registration authority may request an official translation of the documents during the examination process if necessary. Where technical or scientific terms used in the documents have no equivalent in Persian, the original terms may be used.
Industrial Designs That Are Not Eligible for Protection
According to Article 84, the following industrial designs are not eligible for protection:
- Designs that are not new or original;
- Designs whose features are dictated solely by the technical function of the product;
- Designs containing official symbols or emblems;
- Designs that are contrary to public order or accepted standards of morality.
A new industrial design, subject to Article 21 of the law, is a design that has not been made available to the public before the filing date or, where applicable, before the claimed priority date.
An industrial design is considered original when it has been independently created by the designer and is not a copy or imitation of existing designs, such that, from the perspective of an informed user, it produces an overall impression that differs from designs previously made available to the public.
Industrial Design Registration Process in Iran
The applicant must first complete and submit an industrial design registration application through the relevant online registration system.
The application is then examined by the relevant authorities to determine whether the design meets the legal requirements. If the requirements are satisfied and no issue is identified, an acceptance notice is issued.
The applicant must then complete the required registration procedures and pay the applicable official fees. Once the registration process is completed, the industrial design is registered in the applicant’s name and a registration certificate is issued.
The owner of the registered industrial design has the exclusive right to use the design within the scope of the rights granted by law and may also proceed with publication of the registration notice in the Official Gazette.
Industrial Design Registration Abroad
Industrial designs may be protected outside Iran through different registration routes, depending on the target country and the applicable international agreements.
1. National Registration
Under the national registration system, the applicant files an application directly with the intellectual property authority of the selected country.
The applicant must prepare and submit the required documents in accordance with the requirements and language of that country. The application is then examined by the relevant authority under its national laws and regulations.
2. Regional Registration
Some countries have established regional intellectual property systems that allow applicants to seek protection in multiple member states through a centralized registration procedure.
By filing an application through the relevant regional system, an applicant may obtain protection in the participating member countries, subject to the applicable rules and requirements of that system.
3. International Registration
International registration of industrial designs may provide a centralized mechanism for seeking protection in multiple countries that are members of the relevant international agreement.
Under the Hague System, administered by the World Intellectual Property Organization (WIPO), applicants can seek protection for industrial designs in multiple designated member jurisdictions through a single international application, subject to the applicable rules and examination procedures.
The time required for processing an international design application may vary depending on the designated jurisdictions, the nature of the application, and the applicable examination procedures.
Applicants whose applications are refused by a designated jurisdiction may, where permitted under the applicable rules, challenge or appeal the decision through the relevant legal procedures.
Important: The availability of international registration and the countries in which protection can be obtained depend on the applicant’s eligibility and the membership status of the relevant countries under the applicable international agreement.
Conclusion: Industrial Design Registration Requirements and Process
The key requirements for industrial design registration include novelty, originality, and protection of the visual appearance of a product, as well as compliance with applicable legal requirements. Designs containing official symbols or designs contrary to public order or accepted standards of morality may not qualify for protection.
Applicants can seek industrial design protection in Iran and, where eligible, in other countries through national, regional, or international registration systems.
Because the requirements and procedures can vary depending on the jurisdiction and type of design, obtaining professional advice before filing can help applicants choose the appropriate registration strategy and avoid potential legal or procedural issues.
