Protect your industrial design in Portugal

Portugal is said to be one of the countries that possesses a lot of potential for the development of various types of industrial designs by taking advantage of a combination of rich cultural heritage, traditional craftsmanship and modern technology. Portugal is known for its high-quality furniture and homewares, which combine modern design and traditional elements. These products often use natural materials such as wood, leather, and ceramics, creating a unique and durable beauty. Portugal has a long tradition of ceramics and glass production, especially in regions such as Caldas da Rainha and Marinha Grande. This craft has evolved into an innovative industry, producing products with unique designs and high quality. Portugal’s textile industry is known for its quality and innovation. Portuguese designers are creating unique fashion collections, combining traditional techniques and modern trends. Portugal is also one of the world’s largest footwear manufacturers, renowned for its quality and craftsmanship. Portuguese footwear designers are creating innovative and stylish shoes that meet the needs of the global market. The Portuguese government actively supports the creative industry, including industrial design, through grant programs and tax incentives. Therefore, more and more organizations and individuals want to register industrial designs here, Viet An Law would like to guide customers to preliminarily register industrial designs in Portugal through the article below.

Legal Basis

• Industrial Property Code (approved by Decree No. 110/2018 of December 10, 2018 and amended by Decree No. 9/2021 of January 29, 2021)

Definition of industrial design in Portugal

In Portugal, an industrial design is defined as the external appearance of a product, in whole or in part, as a result of characteristics, namely the lines, borders, colors, shapes, textures and/or materials of the product itself and/or its decorations.

Conditions for Industrial design registration in Portugal

• Novelty: The design must be new, which means that it has not been publicly available anywhere in the world before the date of filing the design application or priority date (if applicable). This includes any form of disclosure through publication, use, or exhibition.
• Individuality: The design must be personal, meaning that the general impression it makes on the knowledgeable user is different from the general impression that any design has been made publicly available before the filing date or the date of preference for that user.
• Not excluded from protection: The design must not fall under any circumstances that are excluded from protection, such as:
  • The design is decided only by the technical function
  • Designs that are contrary to public order or morality

Types of industrial designs that can be registered in Portugal

Two-way design

• Pattern: A repetitive or non-repetitive design is applied on a surface, such as textiles, wallpaper, or packaging.
• Decorative motifs: Decorative elements that enhance the appearance of a product, such as logos, graphic icons, or fonts.

Holographic design

• Shape of the product: The overall appearance or configuration of an object, such as a chair, lamp, or bottle.
• Configuration of the product: The arrangement of the parts or elements that make up a product, such as the layout of the buttons on the remote control or the arrangement of the parts in the machine.
• Product Decoration: Decorative features are applied to the product, such as reliefs, carvings, or textures.

Combining two-dimensional and three-dimensional designs

Designs that incorporate both two-dimensional and three-dimensional elements can also be registered. For example, a product has a unique shape and a special pattern is applied on its surface as follows: Furniture, Home Appliances, Electronics, Toys, Clothing, Shoes, Jewelry, Packaging, Bottles, Containers, Graphical User Interface (GUI)

Reseach industrial designs in Portugal

• Portuguese Patent and Trademark Office (INPI): INPI’s lookup system is where users can search for registered Portuguese industrial designs using keywords, applicants’ names, or registration numbers.
• European Union Intellectual Property Office (EUIPO): If a user wishes to search for protected designs within the European Union countries, the user can search the EUIPO’s database for registered designs including Portugal.
• DesignView: This is a global database that allows users to search for registered designs in various countries and regions, including Portugal.

Application for Industrial design registration in Portugal

• 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 design registration in Portugal under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design 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.

Some questions during the process of registering an industrial design in Portugal

How long is the term of protection of an industrial design?

The term of industrial design protection in Portugal is 5 years from the date of filing, which can be extended 4 times, each time for 5 years (up to a total of 25 years).

Do I need a lawyer to register an industrial design?

While not required, having a representative attorney can help you ensure that your application is properly prepared and increase your chances of a successful application.

Are industrial designs protected in other countries?

The registration of an industrial design in Portugal is only valid in Portugal. If you want to protect your design in other countries, you need to file an application in those countries or through the Hague International Design Registration System.

If you want to apply for industrial design registration, please contact Viet An Law, hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) for the most effective support.

Update: 9/2024