COUNTRY : FEDRATIVE REPUBLIC OF BRAZIL
CAPITAL : BRASILIA
LANGUAGE : PORTUGUESE
MEMBER : G-20, CPLP,
Following can file Design Applications:
a). Author of the Design
b). Employer of the author if Design made during course of employment
c). Person contracting the author to make the design
d). Person to whom the author has assigned the design in writing.
2 or more persons owning interests in the design must apply jointly.
To come under the scope of registration, a Design should:
i. Be new and / or original
ii. Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration to which a 12 month exception is provided.
iii. Be significantly distinguishable from known designs or combination of known designs.
iv. Not contain scandalous or obscene matter, or be contrary to public order or morality.
v. Not be a mere mechanical contrivance.
vi. Be applicable to an article, should appeal to the eye.
Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.
Aspects of Designs registrable:
· 2 Dimensional, 3 Dimensional, general appearance of a design.
· Contours, Colours, Shapes and Textures
· Material out of which the design is made
· Decoration of the design
· Packaging, Graphic Symbols, Typographic Typefaces