To qualify for protection, a design must be new and produce an overall impression that differs from previously known designs. It is therefore important to determine which visible features are actually to be protected. A design search looks for earlier product designs that appear identical or produce a similar overall impression. The search should include designs registered with Sakpatenti, internationally effective registrations and other publicly accessible designs. The search and assessment of protectability should be based on the same images and the same version of the product. It is also necessary to clarify whether the rights belong to the founder, the future company or a designer involved in the project. For the application, the applicant, product designation and clear images must be determined. The representations should clearly show the claimed design from the views needed. The desired publication arrangements must also be decided before filing. The assessment of protectability, search, allocation of rights and application documents should all be completed before the design is filed with Sakpatenti or publicly launched.
Deciding on Design Protection Before Starting a Business in Georgia
In Georgia, design protection covers the visible appearance of a product, such as its lines, contours, colors, shape, surface or ornamentation. Before filing with Sakpatenti, assess novelty, individual character, earlier designs and the rights to the planned product design.
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