Industrial Designs

The author of an industrial design and his or her legitimate successors shall have a right of ownership thereof and the exclusive right to exploit, transfer and register it for the period of time and under the conditions established by this Decree. Industrial designs created by persons employed by other persons shall belong to their authors, who shall have the exclusive right of exploitation, except where the author was specially contracted to create them or if the author was merely carrying out instructions received from the persons for whom he or she works. If the design were a joint work of the employer and the employee, it shall belong to both, unless otherwise agreed. Where two or more persons have jointly created an industrial design, the right of exclusive exploitation shall apply to all of them, and all shall have the right to register the work created in their name; in such cases the relationships between the co-authors shall be governed in accordance with the concept of co-ownership.

The author of an industrial design and his or her legitimate successors may file a claim in order to regain ownership of a registration effected fraudulently by a person other than the author.