Industrial Designs
Because industrial designs contribute to innovation, promotion of product aesthetics, market differentiation and creation of value, LEX MERCAT offers assistance in the protection of industrial designs.
Preliminary search : before filing an industrial design, the firm performs a preliminary search to ensure that the industrial design is not already in use by a third party.
Filing an application for registration : if the industrial design is available, an application for registration is filed by the applicant via the IP Agent or IP Engineer with the Office Malgache de la Propriété Industrielle (OMAPI). The latter will have taken care to describe the industrial design in detail to ensure quality and accuracy.
Examination of the application : The National Office examines the application to ensure that it meets the legal criteria.
Registration of the industrial design : Following substantive examination by the National Office, the applicant will be issued with either a certificate of registration or a notification of refusal. If registration is granted, it confers legal protection on the industrial design and establishes an exclusive right to its use.
Monitoring : we recommend that industrial design owners monitor the use of their industrial design on the market or have it monitored. Owners should be alert to any infringements or unauthorized use by third parties.
Renewal : The industrial design registration has a limited validity period. The applicant, via the IP Representative or IP Engineer, must renew the registration regularly to maintain the protection of the industrial design.
Contracts and licenses : If the owner of the industrial design authorizes third parties to use his industrial design, we can help to draw up clear license agreements to define the conditions of use and to register them with the National Office to protect his rights.
Enforcement of rights : In the event of infringements, the firm is able to assist the industrial design owner in taking legal action to enforce his rights. This may include formal notices, infringement actions or other appropriate legal remedies.