2. Definition
Industrial Design protection is provided for a shape,
configuration, surface pattern, colour, or line (or a combination
of these), which, when applied to a functional article, produces
or increases aesthetics, and improves the visual appearance of
the design, be it a two-dimensional or a three-dimensional
article. As per Indian Law, under the Design Act of 2000,
Industrial Design protection is a type of intellectual property
right that gives the exclusive right to make, sell, and use articles
that embody the protected design, to selected people only.
Protection rights are provided for a period of 10 years. They can
then be renewed once for an additional period of 5
years. Design protection provides geographical rights, like
Patents and Trademarks do. To obtain Design Protection in India,
the same has to be registered in India.
3. Qualification Criteria
The pre-requisites for a design to qualify for protection are as
follows:
1-) It should be novel and original.
2-) It should be applicable to a functional article.
3-) It should be visible on a finished article .
4-) It should be non-obvious.
5-) There should be no prior publication or disclosure of the
design.
4. Design Protection
In principle, the owner of a registered industrial design or of
a design patent has the right to prevent third parties from
making, selling or importing articles bearing or embodying a
design which is a copy, or substantially a copy, of the protected
design, when such acts are undertaken for commercial
purposes.
Industrial designs are applied to a wide variety of products of
industry and handicraft items: from packages and containers to
furnishing and household goods, from lighting equipment to
jewelry, and from electronic devices to textiles. Industrial
designs may also be relevant to graphic symbols, graphical user
interfaces (GUI), and logos.
5. In most countries, an industrial design needs to be registered in
order to be protected under industrial design law as a “registered
design”. In some countries, industrial designs are protected under
patent law as “design patents ”.
Industrial design laws in some countries grant – without
registration – time- and scope limited protection to so-called
“unregistered industrial designs”.
Depending on the particular national law and the kind of design,
industrial designs may also be protected as works of art under
copyright law.
6. Designs in action
• Design is where function meets form. From tables to
telephones, industrial design is one of the key factors that
attracts us to a product, or leads us to prefer using one
product over another.
Designing for business success
A top manager at Procter and Gamble talks to
WIPO Magazine about the role of industrial
design in a successful product range.
7. Design and disability
Design which takes account of users
with disabilities often results in better
overall designs.
Design law and fashion
Industrial design law is at the heart
of the European fashion industry.
8. In some cases, a question may arise as to which type of
protection to opt for; it is ambiguous as to whether
industrial design protection, patent protection or copyright
protection would be more relevant. For this reason, here is a
detailed difference between patents, industrial designs, and
copyrights, in order to give you a basic understanding of the
main aspects of each.
9. Industrial Design Protection In
India: The Designs Act, 2000
The Designs Act, 2000 ("the Act"), is a complete code in itself
and protection under it is wholly statutory in nature. It protects
the visual design of objects that are not purely
utilitarian. Section 2(d) of the Act, defines a Design as:
"design" means only the features of shape, configuration,
pattern, ornament or composition of lines or colours applied to
any article whether in two dimensional or three dimensional or
in both forms, by any industrial process or means, whether
manual, mechanical or chemical, separate or combined
10. , which in the finished article appeal to and are judged solely by
the eye; but does not include any mode or principle of
construction or anything which is in substance a mere
mechanical device, and does not include any trade mark as
defined in clause (v) of sub-section (1) of section 2 of the Trade
and Merchandise Marks Act, 1958 (43 of 1958) or property
mark as defined in section 479 of the Indian Penal Code (45 of
1860) or any artistic work as defined in clause (c) of section 2 of
the Copyright Act, 1957 (14 of 1957).
11.
12. Design Rights
As in case of any other IP rights, the design registration also
bestows a monopolistic right to the Proprietor by which he/she
can legally exclude others from reproducing, manufacturing,
selling, or dealing in the said registered design without his/her
prior consent. The design registration is particularly useful for
entities where the shape of the product has aesthetic value and
the entity wishes to have exclusivity over the said novel and
original design applied to its product(s) or article(s).
In addition to the above, the design sought for protection must
be new or original, i.e., not disclosed to the public in India or
elsewhere in the world by prior publication or by prior use or in
any other way. The design should be significantly distinguishable
from designs or combination of designs that are already
registered or pre-existing or disclosed to the public.
Furthermore, the design should not include any scandalous or
13. Why should one look into filing
for Industrial Design?
The outer appearance of a product makes it visually more
appealing and attractive. This acts as a value-adding aspect, which
in turn increases the marketability of the product. This leads to the
need to protect your creation from third parties’ use, in order to
prevent them from taking advantage of your rights in this world of
competition. In many cases, the design itself becomes the identity
of a brand. Some of the most famous examples are Coca Cola’s
contour bottle, the contours of the iPhone/iPad/iPod, and the
shape of the Volkswagen Beetle and the Mini Cooper.
When a product’s design is protected, it stops illegitimate products
from destroying the brand’s efficacy and safety. Protection of
industrial designs also encourages creativity in the manufacturing
and industrial sectors, which leads to an expansion in commercial
activities.
14. The old saying goes ‘the first impression is the best impression’. In the
case of a product, the first impression is inadvertently made by the
appearance of the product, before the user even explores its
functionality. In this era of creativity, aesthetics and presentation, the
overall design and visual appeal of any product is very significant. Hence,
the ability to design a creative appearance is a marketable talent in itself.
So why not protect your creativity and efforts, without allowing others to
use your novel creations? Think beyond just functionality, and look into
eye appeal too!
