Stage 2 Comprehend intellectual property

Presentado Por: Huber Eduardo Paredes Rincón C.C 1063624843 Presentado A: Nelson Augusto Jimenez Serrano Grupo: 212032_31 Universidad Nacional Abierta ya Distancia Vicerrectoría Académica y de Investigación Curso: Valuación y Negociación de Tecnología 2022

Stage 2 Comprehend intellectual property

01. Selected topic definition

Industrial Designs

Many are already familiar with certain industrial property assets, such as trademarks and patents. However, despite their relevance and potential attractiveness for businesses, little is said about industrial designs and the advantages that an entrepreneur obtains by registering them. In strictly legal terms, an industrial design protects the innovation or external appearance of products (or part of them). Likewise, it is understood that the design is composed of two-dimensional features, such as lines, contours and colors, as well as three-dimensional features, such as shapes, materials, textures and ornaments; in short, all features that have some relation to the aesthetic value of the products. With this in mind, below we explore what you should know about registering an industrial design. The importance of industrial designs The main purpose of a design is to endow a product with appeal and make it catch the attention of customers; as well as to influence the consumer's purchasing decision. In other words, the success or failure of a product's sales can be due, at least in part, to its appearance. Industrial designs can therefore be very important for both small and medium-sized enterprises (SMEs) and large companies, regardless of the sector in which they operate.

In principle, the owner of a registered industrial design or design patent is entitled to prevent third parties from manufacturing, selling or importing articles bearing or incorporating a design that is a copy, or essentially a copy, of the protected design, when such acts are carried out for commercial purposes For example, one of the reasons that influence the choice of a car at the time of purchase is its external appearance; obviously its functionality will be the most convincing aspect, but if there are two cars with identical operating characteristics, wouldn't the determining factor be dictated by the brand or its external appearance? Precisely, the relevance that the appearance of a useful object acquires at the time of purchase is of great importance for all types of products, such as pens, lamps, tables, chairs, clothing, and even handicrafts, among others. When going shopping, the consumer decides which item to take home, whether the most attractive and well-designed one, or the one with the least amount of design work. If prices are similar, the product that lacks appearance is more likely to be discarded..

02. An example to illustrate how to protect intellectual property with the selected topic

03. Which one is the Colombian office in charge of ruling the registration according to the topic?

at the superintendency of industry and commerce .at the superintendency of industry and commerce.What must be done after obtaining the registration of industrial designs? What must be taken into account after obtaining the registration? The designer or company that registers its design, may license or transfer such registration, may prevent others from using or copying its design and may take legal action against those who have done so. Does the superintendence must be aware of what is done after the design has been granted? Yes, any modification to the protected design, for example changes of name, address, or other data of the owner or designer, must be requested to the Superintendency so that it may proceed to make the corresponding modification. In the case of assignment or transfer of rights or licenses given by the owner of the design to third parties, it will only be effective if they are registered before the Superintendency. Once the 10 years have expired, can the design be renewed? No, the design is not renewable, its time is limited to 10 years.

Documents for industrial design registration What documents are needed to apply for an industrial design? A form called a petition. Receipt of payment for the corresponding amount. Drawings of the design (a total of 7, divided as follows: six views, one for each side and one perspective), the figures of the design must not indicate measures, cuts or technical functions. If the design is requested by a person other than the designer or by a company, an assignment of rights from the designer to the person or company requesting the design must be attached, in addition to the documents already mentioned. If the company or applicant is represented by a lawyer to follow the procedure, a power of attorney given to the lawyer must also be attached. The power of attorney does not require personal presentation, authentication or legalization and may be granted by means of a private document.

04. What is the registration process according of the selected topic?

Industrial design registration application and costs Is there a fee to be paid for the process? Yes, there is a filing fee, which varies from year to year. Fees Is the money paid for an industrial design registration application refundable? No, the money is not refundable because the beginning of the Industrial Property procedures generates administrative expenses that are covered by the payment of a fee that is caused at the moment of the filing of the application. Thus, each year the fees for the different procedures that are carried out at the Industrial Property Office are fixed. If the design is granted protection, do I have to pay an annual fee or any other amount? No, a single fee is paid at the beginning of the process. What happens if the examination of registrability is favorable? The industrial design is granted by means of an administrative act that is notified to the holder of the rights arising from the grant. What happens if the examination of registrability is unfavorable? The industrial design is denied by means of an administrative act that is notified to the applicant. If the applicant does not agree with the decision, he may file an appeal before the Superintendent Delegate for Industrial Property.Application for trademark registration (first or only class) $1,003,500 (Colombian pesos). Application for trademark registration (additional class in the same application) $501,500 (Colombian pesos).

05. Does the registration require any fee? How much is it?

https://www.sic.gov.co/disenos-industriales

https://www.sic.gov.co/propiedad-Industrial

https://www.cardenasvega.com/index.php/cardenas-vega/boletin-intelectual/item/cuanto-cuesta-registrar-marca

https://www.sic.gov.co/node/34#:~:text=No%2C%20se%20paga%20un%20%C3%BAnico%20valor%20al%20iniciar%20el%20proceso

https://www.sic.gov.co/ruta-pi/como-la-PI-puede-proteger-sus-ideas-materializadas-en-3D

https://www.wipo.int/designs/es/faq_industrialdesigns.html

07. References used

Thank you for your attention