Registrare all'estero

If a company intends to export products with an original design or model or intends to licence the production, sale or export of the same to companies in other Countries, they must assess the possibility of obtaining exclusive rights in those Countries via registration.

Protection of the design or model has a territorial nature, namely it is only valid in the territory of the Country or region where it was made. Therefore, to protect the designs or models in countries in which the items to which they apply are sold, registration of the design or model must be requested in each of these countries.

It is important to remember that for a 6-month period from the date when registration was requested in the first country, it is possible to benefit from the so-called "right of priority" to request registration in other countries. When this period expires, it will no longer be possible to request that registration in another country take effect from the date on which the first application was submitted.

There are fundamentally three ways to obtain the protection of the design or model abroad:

  • through a series of national registrations: in this case, a separate registration application must be submitted at the competent Office of each country. It is a complex procedure which is normally quite expensive as it implicates the use of various national languages and the payment of distinct taxes in each country
  • through regional registration: if the countries where you wish to obtain protection are member states of the European Union, it is possible to submit a single registration application to the Office for Harmonisation in the Internal Market (OHIM), for protection in the 27 member states. The other currently existing regional offices for designs and models are:

- The African Regional Industrial Property Organisation (ARIPO) based in Harare (Zimbabwe), for the protection of designs and models in English-speaking African countries
- Benelux Designs Office (BDO), based in Hague (Netherlands), for the protection of designs and models in Belgium, Holland and Luxembourg.
- African Intellectual Property Organization (OAPI), based in Yaoundé (Camerun), for the protection of designs and models in French-speaking African countries.

  • internationally: for a business based in Italy, as a member state of the so-called Hague system for the international registration of industrial designs and models, it is possible to register the design or model in one or more countries belonging to the Hague agreement by submitting a single application to the World intellectual property Organisation (WIPO). The design or model that the application refers to will be protected in all of the countries belonging to the Agreement (more than 50). The Hague Agreement involves a simple and inexpensive procedure to register designs and models in various countries, and is managed by WIPO.

 

Community designs and models

International designs and models

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