Industrial Designs Law in Sierra Leone
Industrial Designs Law in Sierra Leone
1. Meaning of an Industrial Design
An industrial design refers to the ornamental or aesthetic aspect of an article. It relates to the appearance of a product and not its technical or functional features.
An industrial design may consist of:
Shapes
Patterns
Lines
Colors
Configuration
Combination of these elements applied to a product
Example:
The shape of a bottle, the pattern on fabric, or the external appearance of furniture.
2. Legal Framework Governing Industrial Designs in Sierra Leone
Industrial designs in Sierra Leone are governed primarily by:
The Industrial Property Act, 2014
Regulations made under the Act
International obligations under treaties to which Sierra Leone is a party (such as WIPO-administered conventions, applied domestically through legislation)
The Act provides for:
Protection
Registration
Rights of the owner
Enforcement and remedies
3. What Qualifies for Protection as an Industrial Design
For an industrial design to be protected in Sierra Leone, it must meet the following conditions:
(a) Novelty
The design must be new
It must not have been disclosed to the public anywhere in the world before the filing date
(b) Originality
The design must originate from the creator and not be a copy of an existing design
(c) Industrial Applicability
The design must be capable of being applied to an article produced by industrial or handicraft means
Designs Not Eligible for Protection
Designs dictated solely by technical or functional considerations
Designs contrary to public order or morality
Invisible features of an article during normal use
4. Ownership of Industrial Designs
General Rule
The creator (designer) is the first owner of the industrial design.
Designs Created in Employment
Where a design is created in the course of employment or under a commission, ownership may vest in the employer or commissioning party, unless otherwise agreed.
Joint Ownership
Where two or more persons jointly create a design, they are joint owners unless agreed otherwise.
5. Registration of Industrial Designs
Authority Responsible
The Office of the Administrator and Registrar-General (through the Intellectual Property Office).
Application Requirements
An application must include:
A request for registration
Clear representations (drawings or photographs) of the design
Information identifying the applicant
Description of the design
Payment of prescribed fees
Examination
The Registrar examines whether the design meets statutory requirements.
If accepted, the design is registered and published.
6. Duration of Protection
Initial protection period: 5 years from the filing date
Renewable for two further periods of 5 years each
Maximum protection period: 15 years
Failure to renew leads to expiration of rights.
7. Rights Conferred by Registration
The registered owner has the exclusive right to:
Make the article incorporating the design
Import or export the article
Sell, offer for sale, or use the article
Authorize others to use the design through licensing
These rights apply only to the appearance, not functional aspects.
8. Infringement of Industrial Designs
What Constitutes Infringement
Infringement occurs when a person, without authorization:
Uses a design identical or substantially similar to the registered design
Applies the design to an article for commercial purposes
Test for Infringement
Whether an informed user would consider the designs substantially the same
Minor differences do not avoid infringement if overall impression is similar
9. Exceptions and Limitations
The law allows certain acts without infringement, including:
Private or non-commercial use
Use for teaching, research, or experimentation
Temporary use on foreign vessels or aircraft entering Sierra Leone
10. Remedies for Infringement
A registered owner may seek:
Civil Remedies
Injunction to stop infringement
Damages or account of profits
Delivery up or destruction of infringing goods
Border Measures
Customs authorities may seize infringing goods at ports of entry
11. Assignment and Licensing
Industrial designs may be assigned, licensed, or transmitted by succession
All assignments and licenses must be in writing
Registration of assignments is required to be enforceable against third parties
12. Relationship with Other Intellectual Property Rights
Industrial design protection is separate from copyright and patents
A design may qualify for more than one form of protection, but each operates independently
13. Importance of Industrial Design Protection in Sierra Leone
Encourages creativity and innovation
Promotes local manufacturing and branding
Protects designers from unfair competition
Supports economic development and commercialization of products
Conclusion
Industrial Designs Law in Sierra Leone provides structured legal protection for the aesthetic features of products through registration under the Industrial Property Act, 2014. Protection is time-bound, enforceable, and essential for promoting creativity, industrial growth, and fair competition.
RELATED Blog
comments