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The industrial designs

1. What is an industrial design?

An industrial design consists of the ornamental or aesthetic   aspect of an object from a craft or industrial production. Examples: textile designs, jewelry, furniture, vehicles, cell phones, etc..


2. How to protect an industrial design?

                                                                                                                                  

To receive legal protection in Madagascar, an industrial design must be registered at the Malagasy   Office of Industrial Property (OMAPI) accordance to Ordinance No. 89-019 of 31 July 1989 establishing a system for Protection of Industrial Property and the subsequent decrees (Decrees No. 92-993 and No. 92-994 of 2 December 1992)

To be accepted for registration, the design must be new or original and should not be functional

3. What to do for the registration of industrial design?

- Complete three copies of the registration form

- Provide three photos of the design signed on the back and put it in an envelope

- Provide three copies of an explanatory legend of the design

- Pay the prescribed fees


4. How the recording is done?

The OMAPI reviewing your application for registration at the administrative level,

that means, check if all required documents are complete and if the form is filled and

fees are paid.

Following this review, a copy of the application for registration is given to you as notification of deposit.

Sixth month after the filling date, the Office will register your design, if your application

is in conformity with the existing legislation.

After recording, the Office delivers a registration certificate and publishes the design in the Official Gazette of Industrial Property (GOPI).


5. What are the rights arising from the registration of an industrial design?

 - The registration of an industrial design confers on his owner the right to prohibit others  from utilization of the industrial design (production / reproduction, imitation, sale, import,  etc..) without his permission.

 - The duration of protection is five years from the filing date and may be extended, upon  request, for two successive periods of five years each.

 - If there is an infringement (unauthorized copying, counterfeiting, etc...), you have the right  to bring the case to the competent court on presentation of registration certificate of the  design.

 - As with any property, you can assign your rights attached to registered design or grant a third party a license for his utilization (in this case, you remain the owner of all rights).


6. Some important points to remember

- The design is an important marketing tool if the public associates a certain quality

   to the image of your product.

- The design adds value to your product and increase marketing opportunities.

- Before you put your product on the market and to avoid lengthy and

  costly procedures in case of imitation or counterfeit, you should file your model

  at OMAPI

- The Office does not conduct background research for industrial designs:

   the first applicant is presumed to be the creator according to the legislation.

- All designs cannot be registered. Examples immoral Designs.

- To prevent any attempt of counterfeiting, you can register on the object whose model was registered the words "registered design" or "Model recorded."

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