Who can register a design?

Any natural person or representative of a legal entity can file an application to register an industrial design with the Office, either directly or via an agent.  The applicant will be the proprietor of the industrial design and presumed to be its creator, unless it is shown otherwise.

 

Natural persons

Natural persons are individuals, skilled workers or tradespersons working on a self-employed basis.

 

Legal entities

Legal entities are considered to include trading and non-trading companies, associations, foundations, the State, City Hall, etc.

NOTE: in the case of companies in the process of incorporation and which do not yet officially exist, the application must be filed in the name of a natural person (who may be the founder of the company), who will transfer the industrial design to the company once it has been officially created. The company will then become the new proprietor of the design.

 

Agents

Any applicant may be represented by an agent, if they so wish. The agent, who may be a professional specialising in industrial property (see list attached), must attach a power of attorney to the application, authorising them to act on the applicant’s behalf.

When to register a design