The acquisition of patent is not a mandatory procedure, i.e. the owner or the creator of the design can produce it without obtaining the patent. However,in such a case there is a threat of unauthorized exploitation of the design by the third parties. The lack of document certifying the exclusive rights on the design means that its owner will have difficulties with protectiong his rights and, moreover, prohibiting the unlawful exploitation of his design.
1.Exclusive Right on Exploitation
The design patent makes its holder the owner of the exclusive rights on exploitation of the design, i.e. any use of the design without the permit of the patent holder is unlawful and envokes liability under the relevant national laws.
2.Effective assets’ investment
The rights on industrial design, as any other intellectual property rights, have their value. After some time such value may increase considerably.
3. Sale Item (Lease Item)
The rights on design can serve as an item offered for sale or temporary use (lease), including the use under the franchising contracs. By means of concluding the contracts on the transfer of rights or the licensing contracts, the owner of the exclusive rights can gain the considerable economic profit, even if he does not exploit the design personally.
4. Intangible Assets in Company’s Staturory Fund or in Company’s financial statements.
According to the 8th Accounting Standard, the rights on designs are included in the group of intangible assets. Accordingly, the value of the design can be included in the company’s financial statements or become a capital contribution in statutory fund, on the moment of the company’s registration.