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Article 188: If the employer does not file an application for the industrial design in the year
following the date on which the employee shared his invention with him, the
right in the industrial designs, including the right to transfer this right to any
interested third party and to grant a license for the industrial design or to assign
it, if it has been granted, shall belong to the employee.
Article 189: Any invention claimed in an application for an industrial design which is filed
by the employee in the year following the expiration of the employment contract
and which fits into the main activities of the former employer shall be
considered to have been made within the framework of the contract which has
expired, unless the employee proves otherwise.
Chapter II. Applications to register industrial designs
Section 1. Filing of applications
Article 190: Applications for the registration of an industrial design shall be filed with the
Industrial Property Director, and shall comprise a request, drawings,
photographs or other appropriate graphic representations of the subject matter
incorporating the industrial design and an indication of the type of products for
which the industrial design is to be used. In the case of a two-dimensional
drawing, the application for registration may be accompanied by a copy of the
subject matter incorporating the design. The application shall be subject to
payment of the prescribed fee.
Article 191: If the applicant is not the creator, the request must be accompanied by a
statement justifying his right to register the industrial design.
Article 192: Two or more industrial designs may be the subject of the same application,
provided they come under the same class in the international classification or
refer to the same set or assortment of articles.
Article 193: At the time of filing, the application may contain a request for the postponement
of the publication of the design after its registration for a period not exceeding
12 months as from the date on which the application was filed or, if priority is
claimed, as from its date of priority.
Article 194: While the application is pending, the applicant may withdraw it at any time.
Section 2. Examination, registration or publication of industrial designs
Article 195: The Industrial Property Director shall assign as the date of filing the date on
which the application was received, provided that, on that date, the application
contained indications making it possible to establish the identity of the applicant
and a graphic representation of the subject matter incorporating the industrial
design.