What is an industrial design?
An industrial design is an Intellectual Property Right aimed at protecting the appearance of a product, in particular resulting from its lines, contours, colours, shape, and materials. It helps prevent any third party from making, offering, selling, importing, exporting, or using a product in which the design is incorporated or to which it is applied, or stocking such a product, without the design owner’s consent, when such acts are undertaken for commercial purposes.
A registered design has a lifetime of usually 10 years, 20 years at most in UAE.
A registered design right (also called “design patent”) protects the outer shape of a product, whereas an invention patent protects a technical innovation or idea, and a trademark protects a company, product, or service's name or logo. Designs are typically used to protect products or product parts that comprise creative or artistic elements. This implies that products whose shape and design only derives from their function (screws, for example) cannot be subject to design protection.
In Abu Dhabi, a two-dimensional or three-dimensional ornamental or decorative creation, giving a specific design that may be utilised as an industrial or handcraft product, can be registered as an industrial design. In the UAE, industrial design law is regulated by the Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights.
An industrial design needs to be:
Unique, at least in the field you are going to use it in.
Aesthetic and not a purely technical feature.
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Clearly belonging to a product.
A two- or three-dimensional feature that differentiates your product from others.
Key elements are the product drawings from different angles and perspectives.
In a competitive market, a product's unique appearance can give companies an edge as consumers often make a purchase decision based on looks. Industrial design protection safeguards this uniqueness, allowing companies to stand out by preventing any third party from making, offering, selling, importing, exporting, or using a product in which the design is incorporated or to which it is applied without the design owner’s consent. Additionally, if a company can't directly profit from a design, they can sell it to third parties to capitalise on their design expertise.
Industrial design training programmes
View AllFrequently Asked Questions about Industrial Designs
View all FAQTo keep an industrial design alive/valid, you must regularly pay maintenance fees to the IP offices where the industrial design is registered. Fees differ between various IP offices and usually increase with the industrial design's age (15-20 years). Failure in maintenance can lead to a loss of the IP right. For larger IP portfolios, industrial design information and maintenance tasks are usually managed via an IP management system. Payment can be outsourced to specialised payment providers
If an infringement of your industrial design is detected, you have the option to send a warning letter to the infringing party. If it is not possible to negotiate an agreement with the infringing party, you can file a lawsuit with the relevant court in the country where the infringement was detected. Before filing a lawsuit and during litigation, we recommend you seek legal advice from a specialised attorney. If the court decides in your favor, it can result in an injunction of the infringement and the payment of royalties for the damages caused.
In the UAE, the same law and regulations apply as for patents. Filing an opposition and change of ownership can be handled via the Ministry of Economy's online services. However, it is unlikely that you go for an invalidation proceeding concerning an industrial design. Seek legal advice from professionals if you consider doing so.