Industrial Models & Designs

Industrial models and designs protect the ornamental aspect of products, that is, the shapes, configurations or aesthetic features that give them a distinctive appearance, regardless of their technical function.

In Argentina, this regime is governed by Decree-Law No. 6,673/63 and its complementary regulations, and applies equally to individuals and legal entities, whether national or foreign.

Unlike the patent system, the protection of industrial models and designs is based on a deposit system. This means that the granting of rights primarily depends on compliance with formal requirements at the time of filing, without a prior substantive examination or prior art search by the authority. Within this framework, the validity of the right may be subsequently challenged by third parties.

The legal framework distinguishes between industrial models, referring to three-dimensional forms, and industrial designs, which relate to two-dimensional creations such as drawings, lines or patterns applicable to surfaces or objects.

To qualify for protection, the model or design must meet certain legal requirements. In particular, it must be novel, have a distinctive and individual configuration, and must not be dictated exclusively by the product's function. It must also not consist of mere variations of known elements or be contrary to morality or public order.

Once granted, registration confers upon its holder the exclusive right to use and exploit the model or design, allowing them to prevent unauthorized reproduction or imitation by third parties. These rights may be maintained in force through the renewals provided for under the applicable regulations.

The regime also provides for the possibility of extending protection to designs previously registered abroad, allowing their recognition at the local level under certain conditions and within the parameters established by applicable law.

International Protection

The protection of intangible assets often requires a strategy that extends beyond the local scope. In this regard, the Firm provides comprehensive advice on the protection and management of industrial models and designs abroad through a well-established network of specialized correspondents in multiple jurisdictions.

This approach enables the Firm to support its clients in their international expansion, designing protection strategies aligned with their business objectives, the territorial scope of their activities and the specific characteristics of each market.