Article 1352: Conditions for patentability of an industrial design

1. As an industrial sample, the decision of the appearance of the product of industrial or handicraft production shall be protected. The main features of the industrial design are those that define the aesthetic features of the appearance of the product, in particular the f. Orma, configuration, ornament, combination of colours, lines, product contours, texture or actuality of product material. 2. The industrial sample is new if the body of its essential features reflected in the image of the product is not known from c 3. The industrial sample is original if its essential characteristics are due to the creative nature of the model. In particular, if information made publicly available in the world prior to the date of priority of the industrial sample does not indicate a solution for the appearance of a similar product producing on info 4. In establishing the newness and originality of the gap, the same general impression is given by the industrial sample that is reflected in the image of the product ' s appearance. In addition, all applications for inventions, useful models, industrial designs and applications for State registration of trademarks are taken into account (subject to earlier priority) In accordance with article 1385, paragraphs 2 and 4, article 1394, paragraph 2, article 1493, paragraph 1, of the present Code, The disclosure of information relating to the industrial design, the industrial designer, the applicant or any person directly or indirectly receiving the information from them (including as a result of the exhibition of the industrial sample) thus the nature of the industrial sample became publicly available is not an obstacle. the patentability of an industrial design, provided that the application for a patent for an industrial model is submitted to the federal intellectual property authority.c The burden of proving that the circumstances under which disclosure does not preclude recognition of the patentability of an industrial entity 5. Legal protection is not provided as an industrial model: (1) decisions, all of which are based solely on the technical function of the dd. (2) solutions that may mislead the consumer of the product, including the producer of the product, or the place where the product is produced, or the product for which the product serves as a packaging, op. by a label, in particular decisions, identical to the objects referred to in article 1483, paragraphs 4 to 9, of this Code, either giving the same general impression or including the said objects, if the rights to the specified facilities arose earlier than the date of priority of the industrial design, except if the legal protection of the industrial design is requested by a person holding an exclusive ashes Provision of legal protection to industrial specimens identical to those referred to in article 1483, paragraph 9, paragraph 4, of the present Code or producing the same It is possible, with the consent of the owners or authorized owners of the persons or holders of the rights to the said objects, to have the impression or include the said objects.