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What are industrial designs and what are they for?

According to article 113 of decision 486 of 2001 of the Andean Community of Nations (CAN), an industrial design is:
“the particular appearance of a product resulting from any meeting of lines or combination of colors, or from any external two-dimensional or three-dimensional shape, line, outline, configuration, texture or material, without changing the intended purpose or intended use of such product “1.
That is, the industrial designs  in any shape, design, drawing, texture that we want to put on a product to give it a unique appearance. This indicates that industrial designs serve to protect merely aesthetic aspects of products, i.e., they do not protect functional aspects but merely accidental aspects that do not confer any advantage or special attribute. According to article 129 of decision 486, the registration of an industrial design gives its owner the capacity and the right to exclude any other from the exploitation of the corresponding design. In such a way that the owner of the registration may prevent any third party from manufacturing, importing, offering, introducing in commerce or commercially using products that incorporate or reproduce the industrial design. This is why it is always important to turn to an experienced intellectual property lawyer.
According to the aforementioned article, obtaining an industrial design also grants its owner the right to exclusively exploit these designs for a non-extendable term of ten years, which means that industrial designs, as opposed to trademarks, cannot be renewed indefinitely, which is one of the reasons why many people prefer to protect their designs as three-dimensional trademarks. In any case, the process by which the SIC grants a three-dimensional trademark in Colombia is much more demanding than obtaining an industrial design.
A last point to highlight is that the industrial design is not suitable to protect technical or functional advantages, which greatly limits the degree of protection granted and the distance of patents, which can protect some functional advantages and in a way that is not merely aesthetic, in any case it is worth noting that in the case of patents inventions are patented and designs are registered.  If you need more information about intellectual property or  you need to consult intellectual property lawyers click on the following link

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