In Brazil, where the average time to grant a patent is 10 years,
industrial design is seen by many as a protection mechanism with a
simple procedure and rapid grant that takes about one year.
Industrial design, unlike patents, protects the ornamental
aspects of three-dimensional objects or two-dimensional prints. It
provides a type of protection that is different from patents that
protect the technical and/or functional aspects.
However, whether for self-indulgence or even ignorance, many
holders are satisfied in having only their industrial design
granted. They do not appear to be concerned whether the object of
their registration actually has the merits for this purpose. This
lack of preoccupation feeds doubt with respect to the vulnerability
of the right concerning the registration. When there is a process
or action of nullity against the industrial design, it can produce
an unfavorable decision resulting in the right having never
effectively existed.
