INDUSTRIAL DESIGN REGISTRATION IN BRAZIL: AVERAGE DURATION OF PROCEEDINGS AND MAIN CAUSES OF REJECTION

• Autor(a) principal: Morais Amorim, Diane Jéssica
• Data de Publicação: 2024
• Outros Autores: Marques Leite dos Santos, Vivianni
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Administração, Sociedade e Inovação
• Texto Completo: https://www.rasi.vr.uff.br/index.php/rasi/article/view/774
• topic: Forma Ornamental; INPI; Gestão da Propriedade Intelectual; Proteção Jurídica; Gestão da Propriedade Industrial; Desenho Industrial; Ornamental Shape; INPI; Intellectual Property Management; Lawful Protection

Industrial Design (ID) is an unreachable and relevant asset to the company's activities, considering that it establishes a competitive advantage distinguishing the products in the market. It is important to know the procedure to obtain lawful protection for this asset besides the main rejection reason so that future depositors avoid common mistakes and get the ID registration. This study aimed to reach data regarding the administrative process of the registration granting for Industrial Design so as to toward future depositors avoid common mistakes and increasing the chance of granting their requests. As a methodology, in principle, the quantitative data regarding the industrial design registration requests to the INPI in the second half of 2021 were obtained. Posteriorly, with the aim of possibility the knowledge of the requests’ situation and the main reason for rejection, and the average duration of the process as well, the qualitative analysis of the outcomes was made. This research increases the list of studies on ID, which have few references in the scientific literature, and provides data that toward future depositors to avoid the rejection of your requests. Based on this research, it was noticed that the registration for ID is granted in approximately one month when the request is made based on docs that attend all requirements from INPI. The main reason to have obstacles in the procedure that may result in the rejection of the requests.