Comparative Study of Individual Character Condition in Industrial Designs Law and Its Comparison with the Condition of Originality

Essence condition of “individual character” or “distinct”، which has been used as a standard in evaluating demanded industrial designs for recording in the two legal systems of Europe and Australia، has entered the field of the essence condition of supporting industrial designs aiming to increase the motivation of designers and promoting the quality of industrial designs. Setting aside careful precision of the expert in evaluating industrial designs and altering it with the view of informed user in evaluating the overall impression industrial design in the mentioned standard، the acceptance process of industrial designs has been changed. of course، this new view in industrial outline has not been protected from objections and ambiguities. The original view of industrial designs in Iranian legal system has approached the essence condition of “individual character” or “distinct” by a new process toward the idiomatic definition of originality in the new law of registering inventions and industrial designs and Trademarks (act 86). This study wants to state its strong and weak points.