Procedure How to register a design or model at the national level or renewing its protection

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Direction de l'Expansion Économique

9 rue du Gabian
MC 98000 MONACO

Intellectual Property Division :
(+377) 98 98 84 90

Fax : (+377) 92 05 75 20

Opening Hours : from 9h30 to 17h00 from monday to friday

Send us an email

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Direction de l'Expansion Économique

9 rue du Gabian
MC 98000 MONACO

Opening Hours : from 9h30 to 17h00 from monday to friday

Phone : (+377) 98 98 98 00

Fax : (+377) 92 05 75 20

Send us an email
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Principle and conditions

Principles

In an economy where the aesthetic quality of a product is very often the reason for its purchase, the manufacturer has every reason to protect the aesthetic aspects of his product, with the aim of obtaining an exclusive right of exploitation and receiving the revenue generated.

To obtain national protection for the aesthetic aspects of a product, a creator must, subject to payment of the related duties, file the product’s design (two-dimensional representation) or model (three-dimensional representation) at the Intellectual Property Division, in view of its registration.  To prevent potential disputes following the official publication of the registration, it is strongly advised that the application be made by the creator or, failing this, that the applicant be the owner of the copyright. 

Once registered, the design or model is protected in Monaco for a period of 10 years.  This period may be renewed up to four times, thereby granting its owner an exclusive right of exploitation up to fifty years. 

Conditions

 To be protected, within the meaning of the current law, the design or model must satisfy two requirements:

  • Firstly, novelty.  A design or model is new when there exists no design or model, identical or almost identical, disclosed to the public prior to the date of protection granted by the registration.  It is important to note that the first disclosure of a design or model to the public, at the initiative of the creator, is destructive of novelty, if the disclosure dates more than 10 years prior to the date of application.
  • Secondly, its form must not be exclusively dictated by technical considerations.  If this is the case, the design or model can be protected under patent law.

To be registered by the Intellectual Property Division, the design or model must not reproduce a graphical element associated with the Sovereignty or Public Authority, unless an authorisation from the competent authority is provided to the Division.

Note: the scope of protection is determined by the reproductions (representations/views) of the design or model filed for registration.  Hence, to benefit from maximum protection, the design or model must be represented in its entirety, insofar as only aspects visible on the reproduction are protected.  The representation of only one article from several angles may thus be necessary. 

1

Checking availability of the design or model

The novelty of the design or model is one of the conditions for obtaining the protection granted under the current law.

Insofar as the Intellectual Property Division does not make the existence of novelty a condition for accepting the registration of a design or model, the prospective applicant is strongly advised to check, prior to the application, that there exists no prior art likely to lead to a loss of protection under the Law.

To facilitate the prior art search, the Intellectual Property Division puts at the disposal of the community, free of charge, the National Designs Register which contains a list of registered creations.

The analysis of the results of the search and the choice of whether or not to apply for registration is the sole responsibility of the applicant (in some cases, given the complexity of the analysis, the assistance of an Intellectual Property attorney may be recommended).

See the list of the main authorised intellectual property agents

The absence of prior art does not guarantee that a design or model will be registered by the Intellectual Property Division, insofar as the latter may, after processing the application for registration, consider that the conditions for issuance are not met (for instance in the absence of authorisation from the competent authority where the design or model contains an official emblem).

2

Obtaining official documents

Reproduction of an official emblem

When your design or model reproduces a graphic element associated with the Sovereignty or the Public Authority, it is important, prior to any application for registration, to obtain from the competent authority a hand-written authorisation and to submit a copy of same to the Intellectual Property Division when applying for registration. 

Priority

Monaco is a member of the Paris Convention. It is therefore possible to claim priority - the date - of a first registration in another Member State.  This right of priority is subject to the condition that it is claimed within 6 months as from the date of the first registration.

To claim this priority, it is important that the official copy of the first registration be provided to the Intellectual Property Division and that this is expressly specified in the application form.  If these documents are not in French, they must be submitted along with their translation. 

Réciprocity

If you are not domiciled or established in Monaco and you are not a citizen of a Member State of the Paris Convention, you need to submit to the Intellectual Property Division, the proof of reciprocal protection granted by your country of origin to citizens of Monegasque nationality.

3

Obtaining the application form and the power of attorney, if applicable

To obtain the application form for registration and the power of attorney, you can either:

  • Collect it from the Intellectual Property Division

For detailed instructions  Download file Dessins et Modèles Industriels - Notice explicative  (n° 355-0045_01-2011) Dessins et Modèles Industriels - Notice explicative (n° 355-0045_01-2011)

 

Powers :

  • Download file Pouvoir ( 355-0033_01-2014) Pouvoir ( 355-0033_01-2014)  :i.e. a power of attorney authorising the representative to intervene solely for the purposes of the concerned registration. 

4

Filling in the application form and the power of attorney, if applicable

The application form must be:

  • Dated as of the day of application
  • Filled in by hand in block letters or typed
  • Signed by the applicant (creator to representative):

The power of attorney must be:

  • Dated
  • Signed in original by the principal (owner) and the signature must be preceded by the handwritten statement “bon pour pouvoir”
  • Signed in original by the representative and the signature must be preceded by the handwritten statement “bon pour acceptation de pouvoir”

5

Collating the documents

  • Four reproductions of the design or model (one original and three copies)
    Reproductions sufficiently clear for details to be visible
    Reproductions pasted on A4 (21 X 29.7 cm) sheets
    Nothing written

 

  • Four explanatory legends, if necessary
    At the back of the reproductions and of the explanatory legends, if any, to insert, on the top right hand corner:
    • The date of the day of application
    • Original or copy
    • Signature of the applicant

6

Establishing the application

The documents to be provided are as follows:

  • An application form
  • Four reproductions of the design or model
  • Four explanatory legends, if necessary
  • A power of attorney (special or general), if applicable
  • Where applicable, the priority document and its translation
  • Where applicable, the reciprocal document and its translation

7

Submitting the application

The application must be filed at the Intellectual Property Division.  Application by post or fax is not allowed.

The design or model is, when the legal conditions are met, issued in principle within the quarter following the application.  This issuance is published in the quarterly Annex of the Journal de Monaco.  This official publication mentions:

  • The reproductions (representations/views)
  • The date of application and issuance
  • The issuance number
  • The contact details of the owner
  • The title of the design or model
  • Where applicable, the references of priority(ies) claimed

8

Planning a payment method

Protection duties may be paid:

  • In cash
  • By cheque made out to the Public Treasury

For information, protection duties are as follows:

  • €15.00 for the application fee
  • €10.00 per design or model filed

 

Renewal of a design or model

The design or model is protected in Monaco for a period of 10 years.  This period may be renewed up to four times, thereby granting its owner an exclusive right of exploitation up to fifty years.

To renew the design or model, it is required to submit an application for renewal to the Intellectual Property Division, made on plain paper along with the renewal duties (i.e. the duties for extension of protection per design or model and per period of 10 years).

It is important to specify that at the end of each protection period, no notice of expiry is issued by the Intellectual Property Division.  The owner must therefore take all necessary measures for renewing the protection of his creation, when necessary.  Otherwise, it will become off-patent. 

Last update: 25/04/2017

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