What are the conditions for an industrial design to benefit from legal protection?
For an industrial design to be protected, it must be either new or ornamental. This condition is established by Section 113 Intellectual Property Code of the Philippines. Designs that are purely dictated by technical or functional considerations to achieve a specific result are excluded from protection. Additionally, designs that are contrary to public order, health, or morals will not be registered by the office. “SEC. 113. Substantive Conditions for Protection. – 113.1. Only industrial designs that are new or ornamental shall benefit from protection under this Act. 113.2. Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to public order, health or morals shall not be protected.” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
