Paraguay, with its diverse culture, abundant resources, and growing interest in design, is opening up many opportunities for the development of industrial design. The delicate motifs and shapes in Paraguay’s traditional crafts promise to create modern, unique products with bold local imprints. The harmonious combination of natural materials and advanced production techniques will create works of applied art that are both beautiful and sustainable. In the field of textiles and fashion, with high-quality natural fibers, Paraguay’s textile industry can create unique fashion collections that are both imbued with national culture and meet global fashion trends. Besides, the Paraguayan government is increasingly interested in developing the creative industry, creating favorable conditions for designers. However, many individuals and businesses do not know the procedures for registering industrial designs in Paraguay, Viet An Law would like to guide the above procedures through the article below.
The Importance of Industrial Design in Paraguay
Preliminary concept of industrial design
An industrial design is a two-dimensional design that uses lines and colors to represent the shape, size, and details of a product. Meanwhile, the industrial model is a three-dimensional physical model, which allows one to visualize the product in a clearer way. Both play an important role in creating a product with a unique appearance and are the basis for mass production.
Why is it important to register an industrial design?
When registering an industrial design, the owner will have exclusive rights to the design. This means that they have the right to prevent others from copying, producing, importing, or selling products of similar design. In addition, the owner also has the right to license his design to others through a licensing contract, which must be registered with the competent authority.
Conditions for registration of industrial designs in Paraguay
- Unique Elements: Industrial drawings and patterns must have distinctive characteristics that cannot be confused with any designs that already exist.
- Manufacturability: The product must be practical, can be manufactured and used in a variety of industries.
Conditions for recognition as not new
- Lack of creativity: Designs do not have distinctive characteristics compared to known designs.
- Loss of exclusivity: The design has been previously publicized through forms such as descriptions, images, or displays at events.
- Just a variation: The design is only different in small details, which does not affect the overall product.
Process of preparing an application for registration of an industrial design in Paraguay
- Application form: 04 Form 003 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).
- You can visit the following link to download the form 003: https://www.dinapi.gov.py/portal/v3/propiedad-industrial/dibujos-y-modelos-industriales/aprender/registrar/
- 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).
Process for Processing Industrial Design Applications in Paraguay
- Prepare the dossier: After preparing the dossier as above, you can submit the dossier by the following method:
- Submit your application in person at SENAPI’s headquarters or by mail.
- In some cases, you can apply online through SENAPI’s system.
- Formal examination: SENAPI will check whether the application meets the formal requirements. If the application is incomplete, you will be asked to provide additional information.
- Substantive examination:
- SENAPI will conduct an appraisal to see if your design meets the requirements for novelty, uniqueness, and industriality.
- SENAPI will compare your design with previously registered designs to ensure there are no duplicates.
- Publication: If your design is accepted, SENAPI will publish information about the registration in its gazette or database.
- Issuance of Certificate: After completing the procedures, SENAPI will issue you an industrial design registration certificate.
