JPO
This project aims to share information on challenges facing design protection system in dealing with expanding use of new technologies such as AIs and Metaverse in each country or region under the ID5 office jurisdiction and to provide beneficial supporting materials to help each ID5 office plan their design system.
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CNIPA
EUIPO
To collect the general or/and the special regulations (if applicable) of Partner Offices in the ID5 regarding digital design protection subject, application requirements, application amendment, etc.This exercise will build on and complement the above-mentioned studies already carried out by ID5 on the subject.
To show users how to seek design protection for different types of digital designs concisely and understandably, so as to provide effective guidance to users while enhancing information sharing among Partner Offices in this area.
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The ID5 e-learning platform has been up and running since 2024 and continues to provide quick visual information for first time filers on how to prepare their design applications. This year, the ID5 partners are happy to present another iteration of the project: providing detailed recommendations on how to present evidence in an invalidity procedure that a prior design was publicly available on the internet. This infographic summarizes the list of recommendations, prepared by the ID5 offices, for using information available on the internet as a source of prior art. The recommendations will identify different types of internet sources and advise on how to verify the publication date of prior designs using, for example, timestamping, web archives, multiple sources, and metadata. The visual aids and recommendations will help parties in invalidity proceedings prove that a prior design was publicly available on the internet.
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Thanks to the limitless human imagination, digital items traded within the Metaverse are being created in a way never seen before. The ID5 project led by KIPO took on the complex task of comparing the current level of protection provided to digital designs in the metaverse and compiling a report, with the private sector’s contribution, that discusses the characteristics of avatars in design protection, complexities of infringement between real and virtual worlds, and how this protection is distinguished from copyright protection. KIPO’s report summarizes the findings while inviting further research due to the continuous
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The following ID5 studies have been revised to reflect changes in legislation and practice:
Catalog of Eligibility for Industrial Design Protection ➽ revised version
Catalogue of the view and drawing requirements for designs ➽ revised version
Study of practices on protection of new technological designs ➽ revised version
Design classification conventions and practices ➽ revised version
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The ID5 Partners achieved significant results at the 2024 ID5 Annual Meeting in Hakone, Japan, hosted by the JPO.
The CNIPA and EUIPO published a user guide on viewing and drawing requirements and will continue working together to develop another user guide on digital designs. A new project led by JPO was adopted to discuss challenges for the design system posed by new technologies. The KIPO’s report summarised the current state of protection of digital designs in the metaverse, including a recap of exchanges of the 2023 User session in Incheon. The USPTO led the revision of five ID5 studies to reflect recent legislative and practice changes. The E-learning platform will soon receive new content on how to present online information in invalidity procedures. The ID5 Partners welcomed the adoption of the Design Law Treaty and will further compare and discuss their examination practices of designs submitted through the Hague system.
Over 120 representatives of the five jurisdictions joined the ID5 user sessions to share and discuss insights and case studies from the private sector regarding the impact of AI on design creation and protection.
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Since 2020 all ID5 offices have been securely exchanging priority documents via the electronic system called WIPO Digital Access Service (DAS) operated by the World Intellectual Property Organization. In 2023, nearly 150.000 priority documents were exchanged among the ID5 partners. The partners have now published a User Guide to clarify questions on the application format, the documents deposited by the partner offices, limitations on file size and colour or other limitation preventing an application, as well as common causes of failed transmissions.
Interested applicants seeking help with their priority claims are invited to view the User Guide and the Summary Document on the ID5 website.
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