Intellectual Property

Industrial designs

The appearance of a product can be a valuable asset and may be protected as an industrial design. AYALA IP advises on the registration, management and enforcement of industrial designs before DINAPI, as well as on protection against unauthorised reproductions or imitations.

What we do

We analyse which aspects of the product may be protected and assess how that protection fits with other Intellectual Property tools, such as trademarks, copyright, patents or utility models, as appropriate.

  • Assessment of novelty and of the protection strategy for the design.
  • Filing of industrial design and model applications before DINAPI, claiming priority where applicable.
  • Review and adaptation of the graphic representations to the applicable requirements.
  • Prosecution, responses to office actions and renewals.
  • Recordal of assignments and licences.
  • Actions against unauthorised reproduction or imitation of the registered design.

Key facts

5 yearsInitial term of registration, renewable as provided by law
6 monthsParis Convention priority period for designs
DINAPIOffice responsible for registration in Paraguay

What an industrial design protects

An industrial design protects the appearance of a product, whether through a three-dimensional shape (model) or a two-dimensional combination of lines and colours (design). Protection covers its aesthetic features and not those dictated solely by a technical function.

To be registrable, the design or model must be new. It is therefore advisable to file the application before any disclosure, marketing or public use of the design. The legislation provides for specific exceptions that must be analysed in each case.

A single product may be protected in different ways: the industrial design for its appearance, the trademark for its distinctive signs and, where there is a technical innovation, a patent or utility model. We analyse the most suitable protection strategy in each case.

For international clients and foreign associates

Paraguay is not a member of the Hague System for the international registration of industrial designs. Protection in Paraguay must therefore be obtained through a national application before DINAPI. Where an earlier application exists abroad, the corresponding priority may be claimed under the Paris Convention, provided the applicable requirements and deadlines are met. We assist foreign owners and associates with the filing and prosecution of applications, setting out from the outset the applicable representation, documentation and priority requirements.

Frequently asked questions

Should I register the design, or is the trademark enough?

They are different forms of protection. An industrial design protects the appearance of a product, while a trademark protects the signs that distinguish goods or services in the marketplace. Depending on the characteristics of the product, both forms of protection may coexist and complement each other.

Can I register a design that has already been sold to the public?

Marketing or publicly disclosing the design before filing the application may affect its novelty and therefore its registrability in Paraguay. The legislation provides for certain specific exceptions, so the circumstances and dates of each case must be analysed before filing.

Can a design registered in another country be extended to Paraguay?

Yes. Protection must be sought through a national application before DINAPI, since Paraguay is not a member of the Hague System. Where applicable, priority may be claimed from an earlier application filed in another country within the six-month period provided for by the Paris Convention.

Contact

Let's talk about what you need.

Tell us what you need to protect. We reply in English, Spanish or Portuguese, usually within one business day.