全球知识产权保护指南丨尼加拉瓜外观设计篇

Nicaragua accepts patent types such as invention, utility model, and design. The Nicaraguan Intellectual Property Registry (DGRPI) is responsible for the unified management of relevant affairs. This issue mainly introduces the appearance design.

According to Nicaraguan law, if a design is entirely determined by technical functionality and does not reflect any arbitrary contribution from the designer, it should be excluded from protection.

If a design consists of a shape that must be precisely replicated in order for the product that embodies the design to be mechanically assembled or connected to another product - the former forming an integral part or component of the latter - then the design also does not meet the protection criteria.

If the appearance design of industrial products is new, they can be protected. If not publicly disclosed before any of the following dates (whichever is earlier), it shall be deemed new:

(1) The date on which the appearance design was first publicly disclosed by its designer, or the designer's successor, or any third party who obtained the design through any legal means;

(2) The application date or priority date (if applicable) for industrial design registration application.

Unregistered industrial designs shall enjoy protection in Nicaragua for three years from the date of disclosure.

The applicant can directly apply to DGRPI to obtain a Nicaraguan design patent, and the specific procedure is as follows:

1. Submit an application

The application for industrial design registration should be submitted to the DGRPI Patent and New Technology Office, and the content should include:

(1) Request for registration of industrial design, including specific information of the applicant and designer;

(2) Industrial product appearance design pictures or photos, if it is a three-dimensional design, can submit more than one view (plan, section, cross-section); If it is a two-dimensional design of textiles, paper or other flat materials, a product sample containing the design can be used instead of the attached image;

(3) The name of the product intended to use this design and its category and subcategory;

(4) Proof of payment of application fees based on the number of subcategories of the product and the quantity of appearance designs for each product;

(5) Address for delivery of notices;

(6) The applicant's signature;

(7) Authorization letter or document proving agency (if applicable).

The application date is the date on which DGRPI receives the application, provided that the application it receives includes at least:

(1) Explicitly or implicitly mentioning the application for registration of industrial design;

(2) There is sufficient information to identify and contact the applicant;

(3) Provide pictures or photos of industrial product appearance design;

(4) If it is a two-dimensional design of textiles, paper, or other flat materials, product samples containing the design can be provided instead of accompanying drawings.

If certain content is omitted in the application, DGRPI will notify the applicant to make up for the omission within 2 months from the date of notification. If the applicant makes up for the omission within the prescribed deadline, the date on which RPI receives the missing content will be considered as the filing date of the application, otherwise the application will be deemed not submitted.

2. Substantive examination

DGRPI will review whether the application complies with the definition of industrial design in relevant laws.

3. Publish the application

DGRPI will issue a notice regarding the application in the official gazette of Nicaragua in accordance with its authority, and the costs will be borne by the relevant parties. At the request of the applicant, DGRPI shall postpone the publication at any time before the order is published, within the time agreed upon in the request, but not exceeding 12 months from the date of application.

The content of the above notice must include:

(1) Application number for industrial design registration application;

(2) Application date;

(3) The applicant's name and address;

(4) Name of the agent (if any);

(5) The country or receiving office to which the application for priority belongs, its application date and application number;

(6) The accompanying drawings of each industrial design included in the application shall be numbered separately;

(6) The name of the product to which each industrial product design will apply;

(7) Categories and subcategories of related products.

4. Decision making and Registration

DGRPI will register industrial design and issue a registration certificate containing design details and other information, subject to compliance with legal requirements.

The protection period for Nicaraguan design starts from the date of application and lasts for a total of 5 years.

After paying the prescribed fee, the deadline can be extended twice, each time for 5 years.

03

Office Fees

1. Application fee (1 design): 70

2. Application fee (starting from the second design): 70

3. Authorization fee: 25

4. Annual fee (charged based on the number of exterior design items included): 70 per item

The above fees are priced in Central American pesos ($CA) and paid in Nicaraguan domestic currency (Cordoba) using the exchange rate set by the Central Bank of Nicaragua on the transaction date.

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