Industrial Designs Registration in the Philippines

Currently, the number of industrial design applications in the Philippines is increasing at a significant rate, partly because the main economic sectors here have many advantages for development. The Philippines has long been a country with a long tradition of handicrafts and textiles. Industrial design products in Philippine handicrafts are highly appreciated for their uniqueness, creativity and quality. The Philippines has an abundant source of wood materials and high craftsmanship. Filipino furniture and home décor products come in a variety of industrial designs that are popular for their unique designs, use of natural materials, and eco-friendliness. Therefore, more and more organizations and individuals need to register industrial design in the Philippines, Viet An Law would like to guide customers through the following article.

Legal Basis

• Intellectual Property Law of the Philippines (Republic Act No. 8293) (2015 Edition)

Definition of Industrial Design in the Philippines

In the Philippines, an industrial design defined in the Intellectual Property Code (Republic Act No. 8293) is:

“Any combination of lines or colors or any three-dimensional form, whether or not related to lines or colors, so long as such combination or form produces a distinctive appearance and can be used as a model for an industrial product or handicraft.”

In simpler terms, industrial design refers to the decorative or aesthetic aspect of a manufactured item. It can be two-dimensional (patterns, lines, or colors) or three-dimensional (the shape or surface of an item).

Conditions for Industrial Designs Registration in the Philippines

• Novelty: The design must be new, meaning it has never been disclosed to the public anywhere in the world prior to the filing date or priority date (if applicable).
• Originality: The design must be original, which means that it is the result of the creator’s own intellectual effort and not a copy or imitation of existing designs.
• Industrial applicability: The design must be capable of mass production or reproduction by industrial means.

Types of industrial designs that can be registered in the Philippines

An industrial design that meets the above criteria can be registered, such as:

• Furniture: Chairs, tables, sofas, beds, lamps, etc.
• Equipment: Refrigerators, washing machines, ovens, air conditioners, etc.
• Electronics: Mobile phones, computers, televisions, cameras, etc.
• Vehicles: Cars, motorcycles, bicycles, etc.
• Fashion: Clothing, shoes, accessories, jewelry, etc.
• Packaging: Bottles, boxes, bags, labels, etc.
• Tools and equipment: Hand tools, power tools, kitchenware, etc.
• Toys and games: Dolls, action models, board games, video games, etc.

Industrial Design Search in the Philippines

IPOPHL eSearch

It is the official online database of the Intellectual Property Office of the Philippines (IPOPHL). Users can search for registered industrial designs using keywords, application number/registration number, applicant/owner name, or Locarno Classification.

ASEAN DesignView

It is a regional database that allows users to search for industrial designs registered in ASEAN member states, including the Philippines.

DesignView

It is a global database maintained by the World Intellectual Property Organization (WIPO) that provides access to design data from participating offices around the world, including the Philippines.

Industrial Design Registration Dossier in the Philippines

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Industrial Designs Registration in the Philippines under the Hague Agreement

The Hague Agreement on the Industrial Designs Registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

If you wish to file an application for industrial design registration, please contact Viet An Law Firm for the most effective support.