Industrial Designs Law in Mongolia
Mongolia's industrial design protection is governed by the Patent Law of Mongolia, enacted on June 25, 1993, and amended on January 19, 2006. The Intellectual Property Office of Mongolia (IPOM) is the authority responsible for administering industrial design rights in the country.
🖌️ Definition of Industrial Design
Under Article 3.1.2 of the Patent Law, an industrial design is defined as:
“A new and original solution related to the shape, pattern or color, or a combination of colors in an article.”
This definition emphasizes the aesthetic aspects of a product, distinguishing industrial designs from inventions or utility models, which focus on functional or technical features.
✅ Registrability Criteria
To qualify for protection, an industrial design in Mongolia must meet the following criteria:
Novelty: The design must be new, meaning it has not been publicly disclosed before the filing date.
Originality: The design must possess creative characteristics, making it original and not merely a trivial modification of existing designs.
Exclusions: Designs that are dictated solely by technical or functional considerations are not eligible for protection.
⏳ Duration and Renewal
The protection term for an industrial design in Mongolia is as follows:
Initial Term: 10 years from the filing date.
Renewal: The design can be renewed up to three times, each for five years, allowing a maximum total protection period of 25 years.
Maintenance fees are required to keep the registration active. For the first five years, the fee is paid in a lump sum within six months from the grant decision. For subsequent periods, annuities must be paid annually, with a six-month grace period available for late payments, subject to a surcharge
📝 Application Process
The process for registering an industrial design in Mongolia includes the following steps:
Filing: Submit an application to the Intellectual Property Office of Mongolia, including
Completed application form.
Representations of the design.
Priority documents, if applicable.
Examination: The IPOM examines the application for compliance with formal requirements.(DELGER IP MONGOLIA)
Publication: If no opposition is filed within three months from the publication date, the design is registered. (kashishworld.com)
It is advisable for international applicants to appoint a local representative to navigate the registration process effectively. (IP Coster)
⚖️ Rights Conferred
Upon registration, the owner of an industrial design in Mongolia has the exclusive right to:
Exploit: Make, sell, use, import, or store the design for commercial purposes.(WIPO)
Transfer: Assign or license the design rights to others.
These rights are enforceable through legal action against unauthorized use or infringement.
🌐 International Protection
Mongolia is a member of the Hague Agreement Concerning the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This allows applicants to extend their design protection to other member countries through a single international application.
📌 Practical Considerations
First-to-File System: Mongolia operates on a first-to-file basis, meaning that the first person to file an application for a design has the right to the registration.
Language: All documents must be submitted in Mongolian.
Representation: Non-residents are required to appoint a local representative to file applications.
Processing Time: The average processing time for design registration is approximately 12 months, assuming a smooth procedure.
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