If you want to register an industrial design, it must meet several requirements. As a rule, this should be new. This means that it could not have been known before. Secondly, the design can not only fulfil the technical function. If your design has additional technical features, you must apply for a utility model or a patent in addition to your industrial design. Third, the industrial design must have an individual character to distinguish in a specific way from the other – known earlier – industrial designs.
Procedure for obtaining design protection
An application for registration of an industrial design must include at least one photograph or drawing of the design to be protected. In Poland, the designs are registered by the Patent Office of the Republic of Poland in Warsaw. In the Netherlands – by the Benelux Design Office in The Hague. If you want to protect your design outside of these countries, you must apply for a Community Design (CD) for all EU Member States or for international registration.
To do this, you do not need to register your industrial design before the national office. In most countries immediately after the application for registration your design will be automatically registered. National applications for registration of industrial designs must be submitted in countries such as the USA or Canada (these countries are not covered by international registration).