An industrial design protects the ornamental appearance of a product — its shape, lines, and colors — provided it is new. In Argentina it is registered with the INPI (Argentina’s National Institute of Industrial Property) and lasts up to 15 years.
Protecting a product’s design means protecting the creative effort that sets it apart in the marketplace. If a competitor can copy the shape of your container, your furniture, or your appliance, everything you invested in developing it loses value.
What an industrial design or model is
It is the shape or appearance incorporated into or applied to an industrial product that gives it an ornamental character: three-dimensional designs, decorative patterns, or lines that make a product stand out at a glance without changing how it works. In practice, “industrial design” and “industrial model” are used as synonyms.
In Argentina it is governed by Decree-Law 6673/63 on Industrial Models and Designs, and registration is handled by the INPI. It is distinct from a patent and from a utility model: a patent protects a technical invention and a utility model protects a functional improvement (see patent vs. utility model), whereas a design protects only aesthetics.
Requirements
Novelty and individual character: the design must not be identical or very similar to a known design. What is registered are graphic or photographic representations of the product.
- Novelty: an identical design must not have been published before, and the design must not be a copy or imitation of another. If you showed it at an exhibition or trade show, you have 6 months from its opening to file without losing novelty.
- Industrial application: it must be capable of being applied to a product that is manufactured or sold.
- Ornamental character: the shape cannot be dictated solely by function. Functional improvements are protected as utility models.
What cannot be registered
- Shapes dictated solely by technical function. A screw whose shape is defined by its thread pitch does not qualify. The same screw with a decorative engraving on its head does.
- Mere color changes to an already known design.
- Works of art not applied to a product. A painting to be exhibited in a gallery is protected by copyright; an abstract pattern applied to a textile collection, on the other hand, can be an industrial design.
- Designs contrary to morality or public order, such as a toy bearing symbols that incite hatred.
How to register it
The application is filed with the INPI with:
- The application form, with the applicant’s details.
- Clear drawings or photographs of the design, from different angles.
- A description, which is optional.
Since the registration protects exactly what is shown in the representations, it is wise to prepare them with a specialist. If you want to move forward, see our industrial design registration service.
Term
Protection lasts 5 years from the filing date and can be renewed for two consecutive 5-year periods: up to 15 years in total. After that, the design becomes free for anyone to use.
What rights registration gives you
- Ownership and exclusive use of the design in Argentina: you can exploit it, license it, or assign it.
- Civil actions against anyone who copies or imitates it without authorization: cessation of use and a claim for damages; infringing products can be destroyed or counted toward the compensation.
- Criminal action against counterfeiting or fraudulent imitation.
- Interim measures: with the registration certificate and a bond, you can request the seizure of one infringing item and an inventory of the rest.
When it makes sense
Furniture, footwear, distinctively shaped containers, fashion accessories, and devices where aesthetics are part of the commercial value. Combine it with a composite mark if you also use a name + logo.
It is especially useful for companies that manufacture furniture, appliances, packaging, or vehicles; for businesses whose product stands out because of its shape; for designers who want to license their creations securely; and for mass-market consumer products, where a recognizable container adds perceived value and loyalty. A design is one more of the company’s intangible assets, along with its trademarks and patents.
What about protection in other countries?
Like a trademark, a design is territorial: an Argentine registration protects it only in Argentina. For other markets, you need to file in each country or with a regional office. WIPO’s Hague System allows you to seek protection in many countries with a single application, but Argentina is not yet a party, so it cannot currently be used from here. We tell you more in how to take a trademark international.
Industrial design registration →
Keep reading: Utility model examples
