Industrial Design Registration in Uganda ARIPO, Protection, Attorney, search Lawyer, Law firms, Office in Uganda ARIPO

Uganda ARIPO

COUNTRY     :     REPUBLIC OF UGANDA
CAPITAL :     KAMPALA
LANGUAGE :     ENGLISH

ARIPO is a comity of 18 Former English Colonies which are also English speaking Countries. Member Countries are: BOTSWANA, GAMBIA, GHANA, KENYA, LESOTHO, LIBERIA, MALAWI, MOZAMBIQUE, NAMIBIA, RWANDA, SIERRA LEONE, SOMALIA, SUDAN, SWAZILAND, TANZANIA, UGANDA, ZAMBIA, ZIMBABWE.

African Regional Intellectual Property Organisation known more commonly by its acronym (ARIPO) was established through the Lusaka Agreement and is headquartered at Harare Zimbabwe.

APPLICANTS WHO MAY APPLY FOR INDUSTRIAL DESIGN PROTECTION

REQUISITES FOR FILING OF INDUSTRIAL DESIGN APPLICATIONS

• Copy of the drawings;( six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) - photographs in jpg format

• The full name and address of each creator;

• The full name and address of each applicant;

• Domicile and Nationality of the applicant;

• The name of article to which the design is applied;

• The filing date, application number and country of the priority application; and

• The priority document ;

• Statement of Novelty in respect of the articles to which industrial design is applied to. However, not required while registering wallpaper, lace or textile articles;

• Full payment of fees;

• Languages in which to file the applications are English. Rest of the languages have to be accompanied with certified translations;

• Representation setting out the details of the agent representing the applicant if not domiciled in the member states’ territory;

• Applicant to designate states in whose territory protection sought;

Statement of Novelty: Novelty refers to originality, something new or unusual. In this context, if the examiner so deems necessary, may direct the applicant to endorse the application and the representations with a brief statement of novelty that he claims over the designs so submitted for registration.

Prior Disclosure destroys novelty of the Design so extreme care has to be taken to maintain secrecy of the Design. However, disclosure during the priority period of 12 months will protect novelty.

TYPES OF INDUSTRIAL DESIGN APPLICATIONS

Kinds of design Application;

Ordinary application.

An ordinary application does not claim priority.

Convention application calming priority .

A convention application claims priority of an application filed previously in a convention country. (Deadline for claiming priority for a design application in ARIPO is 6 months from the filing date of the priority application)

KINDS OF INDUSTRIAL DESIGNS REGISTRABLE

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

KINDS OF INDUSTRIAL DESIGNS NOT REGISTRABLE

• A drawing or a model contrary to public order or morality.

• A drawing or a model that relates to a computer program.

• A drawing or a model whose characteristics are solely dictated by technical function of the product to which it relates.

• A product that needs to be combined with another product, so that each can perform its function.

• Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date. However, a 12 months exception is given to this rule.

• Designs which are not significantly distinguishable from known designs or combination of known designs or

• Comprises or contains scandalous or obscene matter.

• Designs contravening Islamic Law.

STEPS TO INDUSTRIAL DESIGN REGISTRATION

i. Finding out whether such a design has been registered previously.

ii. Preparing a representation of the design

iii. Identifying the class of design.

iv. Providing a statement of novelty.

v. Including a disclaimer that the design has not been in the public domain at any point in time.

vi. Claiming a priority date if the design Is registered in other countries.

vii. Determining the fee to be paid.

viii. Ensuring all enclosures are attached.

ix. Complying with objections if any.

x. Providing full details pertaining to contacts and addresses.

Several designs may be combined in one multiple application as long as the products belong to the same class.

EXAMINATION PROCESS OF INDUSTRIAL DESIGNS

Applications may be filed either at:

i. The Industrial Property Office referred to as the Receiving Office of any of the contracting states.

ii. Directly with ARIPO.

Domiciled applicants need not be represented by agents. However, applicants whose ordinary residence or principal place of business is outside the contracting state in which protection is sought, have to be represented by agents.

Upon receipt of the applications at the receiving offices, they are numbered & dated and verified to ensure compliance to form is complete. Deficiencies if any, are communicated to the applicant for rectification within 2 months from the date of notice, failing which the application is deemed abandoned.

A complete and proper application is transmitted to the ARIPO office from the receiving offices within 14 days from the date of filing.

Upon receipt of the application at the ARIPO office, the application is dated and is given an ARIPO number. Verification ensuring compliances is conducted. Any requirement not found complied with, the applicant is notified to carry out the corrections within 2 months, failing which, the application is liable to be refused registration.

Formalities examination relating to proper applications and rectified applications is carried out.

A request for conversion into national applications may be made within 3 months from the date of refusal by ARIPO. Once converted, the designated states may refuse protection of the design in their territories on the basis of non –compliance of national laws and / or protocols as the case may be, within 6 months.

PUBLICATION AND REGISTRATION OF INDUSTRIAL DESIGNS

However, once all the compliances are met and within 6 months from the date of notification of compliance of formality requirements, ARIPO office will register and public the designs on behalf of the designated states subject to payment of registration and publication fee by the applicant.

Designs will then be registered in the Designs register and published in the ARIPO journal and Certificate of Registration issued. Copies of the registration certificate along with copies of reproduction of designs are transmitted to the designated states.

Designated states will then register the design in their national registers and publish the registered design in their national registers.

BENEFITS OF INDUSTRIAL DESIGN REGISTRATION:

BENIFIT RIGHTS OF THE DESIGN OWNER:

Designs confer on its holders or successors an exclusive right to work the Design.
Owner may authorise such uses of the liatent through a contractual agreement with interested liarties as to imliort, rent out, deliver or sell liroduct resulting from Design registration.
Owner may authorise the working of the Design either by a manufacturer or by an imliorter and also:
- assign, lease or licence the liatent.
- entitled to take legal action against infringers.
- entitled to retain moral right over the invention as 'the author of the invention'.
Design can be liledged for which it has to be registered in the liatent register to become effective.
Marking of liroducts resulting from Design registration have to be marked so as to imlily knowledge of registration by the infringer and without marking, lienalties as lirescribed can not be imliosed.
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