Question & AnswerQ&A (Republic Act No. 9150)
An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors, that gives a special appearance to and can serve as a pattern for an industrial product or handicraft.
An integrated circuit is any product, in its final or intermediate form, where elements, at least one being an active element, and some or all of the interconnections are integrally formed in or on a piece of material intended to perform an electronic function.
Layout-design or topography means the three-dimensional disposition, however expressed, of the elements (at least one active element) and some or all interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture.
Only industrial designs that are new or ornamental benefit from protection. Designs dictated essentially by technical/functional considerations to obtain a technical result or those contrary to public order, health, or morals are not protected.
A layout-design is original if it is the result of its creator's own intellectual effort and is not commonplace among creators and manufacturers at the time of creation. Combinations of commonplace elements may be protected only if the combination as a whole is original.
The application must include a registration request, applicant information, indication of the article of manufacture or handicraft, a representation of the design (drawings, photos, or graphics), and the name and address of the creator or origin of the right if different from the applicant.
Industrial design registration lasts five years and can be renewed twice for five years each. A layout-design registration is valid for ten years without renewal, starting from first commercial exploitation or filing date.
The owner has the right to reproduce the registered layout-design entirely or partially (except non-original parts), and to sell or distribute for commercial purposes the layout-design or an article with it incorporated.
Limitations include reproduction for private, evaluation, research or teaching; where the layout-design is independently created and original; resale of marketed products; acts by persons unaware of unlawful reproduction but liable after notice.
For industrial designs: if not registerable, not new, or extends beyond original application content. For layout-designs: if not protectable, right holder not entitled, or registration was filed later than two years after first commercial exploitation.