An industrial model is registrable for an initial term of 25 years counting from the filing date. The duration of a registration is extendible only once for another term of 25 years. A design should be distinguishable from those previously known. The advertisement of a design prior to filing the application, even by way of sale of the relevant products, does not preclude registration. There is no provision for opposition to the registration of a design or an industrial model.

Working of designs is not required, and compulsory licensing is not applicable. Marking is optional and damaging a validly registered and published design knowingly subjects the offender to a fine. The assignment of rights in a design is required to be filed within 3 months of the date of the assignment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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