The Andean Community (CAN), in collaboration with the European Union Intellectual Property Office (EUIPO), has recently published the Manual for the Examination of Industrial Designs applicable in CAN countries.

This manual, developed with input from the intellectual property offices of member states, aims to provide clear and unified guidelines for examining industrial design applications, streamlining the process for applicants and relevant authorities.

The following outlines the topics covered in the Manual:

1. Industrial Design

The distinctive appearance of a product without altering its intended purpose or function(1).

2. Novelty

The design must not be identical or substantially identical to a prior design or work that has been disclosed to the relevant public before the applicable date(2).

3. Appearance

The examiner must assess the design’s appearance by determining (a) the sector to which the products incorporating the design belong, (b) the standard of the average consumer, (c) the designer’s freedom to create, and (d) by comparing the design against other previously disclosed designs(3).

4. Visibility

The design must be visible to the intended users during the normal use of the product(4).

5. Technical or Functional Nature

Industrial design protection only covers the aesthetic appearance of a utilitarian product and not its functional features. To determine whether a design falls within this limitation, it is necessary to consider (a) the product’s aesthetic function, (b) the product’s shape and appearance characteristics, (c) whether such characteristics are dictated by the product’s technical function, and whether they were chosen based on non-technical or non-functional considerations(5).

6. Prior Rights of Third Parties

Any third party with exclusive rights over an industrial design, trademark, or copyright-protected work may oppose or request the cancellation of an industrial design application or registration, respectively(6).

7. Public Order and Morality Prohibitions

Industrial designs that contravene public order or morality shall not be registrable(7).

8. Representation of the Design

The graphic representation not only discloses the design’s features to be protected but also allows verification of whether the application meets registration requirements(8).

9. Indication of the Product Incorporating a Design

An industrial design application and the resulting registration must specify the product or type of product incorporating the design. The Locarno Classification is used for this purpose(9).


For more information, contact Alejandro Castro (alejandrocastro@unionandina.com)

(1) Page 16 et seq. of the Manual. Article 113, Decision 486.
(2) Page 54 et seq. of the Manual. Relevant articles of Decision 486: Articles 17, 33, 115, and 124.
(3) Page 82 et seq. of the Manual. Article 113 of Decision 486.
(4) Page 93 et seq. of the Manual. Article 113 of Decision 486.
(5) Page 97 et seq. of the Manual. Relevant articles of Decision 486: Articles 116, 124, and 130.
(6) Page 112. Relevant articles of Decision 486: Articles 122 and 132.
(7) Page 113 et seq. of the Manual. Article 116 of Decision 486.
(8) Page 116 et seq. of the Manual. Relevant articles of Decision 486: Articles 117, 119, and 120.
(9) Page 154 et seq. of the Manual. Relevant articles of Decision 486: Articles 117, 119, and 120.