Monday, November 23, 2020

Industrial Design

 

Industrial Design

An Industrial Design is the ornamental aspect of a useful article which may be constituted by three-dimensional elements such as the shape of the article or two-dimensional elements such as lines, designs, patterns and colors.  It is the right to protect the ornamental, non-functional features of an article or product that arise from a Design Activity.

Industrial design is one of the key factors that attracts us to a product, or leads us to prefer using one product over another. Industrial designs make a product attractive and appealing to customers, the appearance of a product can influence the consumer’s purchase decision. In other words, the success or failure of a product highly depend on how it looks. Industrial designs are therefore very important for both small- and medium sized enterprises (SMEs) and larger companies alike.

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 are also relevant to graphic symbols, graphical user interfaces (GUI), and logos.

Please see 25 inspiring examples of industrial design at https://www.creativebloq.com/product-design/examples-industrial-design-12121488

Registering industrial designs

An Industrial Design is registrable if it fulfils some or all of the following criteria: novelty/originality.  The assessment of novelty and originality varies from country to country. The rights to registration of an Industrial Design belong to the Creator.  Protection of an industrial design means that 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.

The Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) is the forum by WIPO to address issues relating to the development of the international legal framework for industrial designs. SCT members are currently seeking agreement on a number of key issues relating to international designs.  At present, no “international” industrial design right exists.

Industrial design rights are territorial; the rights are limited to the country or region where protection is granted.  In order to obtain industrial design protection in other countries, an application for the registration of an industrial design or for the grant of a patent for an industrial design must be filed in each country where protection is sought, in accordance with the law of that country.  To avoid having to submit applications in each and every country where protection is sought, WIPO’s Hague System is useful.  The Hague System for the International Registration of Industrial Designs helps registering up to 100 designs in 74 contracting parties covering 91 countries, through the filing of one single international application.

Industrial design rights are usually enforced in a court. The remedies and penalties vary from country to country and could be civil, criminal or administrative.

In most countries, industrial designs are protected under industrial design law as a “registered design” while in some countries, industrial designs are protected under patent law as “design patents”.  Industrial design registrations or design patents are granted by the IP office of the country (or region) where an application is filed.

Industrial design laws in some countries grant time and scope limited protection without registration and they are “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.

Industrial design rights are granted for a limited period. The duration of the protection of industrial designs varies from country to country, but in general it is at least to 10 years. In many countries, the duration of protection is divided into successive renewable periods.

The Hague System

The Hague System for the International Registration of Industrial Designs helps registering up to 100 designs in 74 contracting parties covering 91 countries, through the filing of one single international application, by filing one application in one language, with one set of fees.

Global Design Database

The Global Design database enables simultaneous searches via a single, intuitive interface across all international industrial designs registered under The Hague System.

Hague Express database

The Hague Express database provides information, updated weekly, on current and past industrial designs registered under The Hague System.

The Locarno Classification

The Locarno Classification is an international system used to classify goods for the purposes of the registration of industrial designs.

Difference between industrial design and patent: An industrial design right protects only the appearance or aesthetic features of a product, whereas a patent protects an invention that offers a new technical solution to a problem. An industrial design right does not protect the technical or functional features of a product. Such features are protected by a patent.

Importance of protecting an industrial design

The protection of industrial designs is an integral part of any business strategy and the main reasons are:

·         Protection contributes to obtaining a return on investments made in creating and marketing attractive and innovative products.

·         Protection provides exclusive rights for at least 10 years, so as to prevent or stop others from commercially exploiting or copying the industrial design.

·         Industrial designs is an important element of a company’s brand name and protecting industrial designs contributes to protecting a company’s brand.

·         Protection provides rights that may be sold or licensed to another enterprise, and act as a source of income for the owner of the rights.

·         Protection helps convey a positive image of a company and increase the market value of a company and its products.

·         Protecting industrial designs rewards and encourages creativity.

If we don’t protect the industrial design then competitors may take a product to market, incorporating the industrial design without getting our permission.  In such a situation we will have no legal rights to fight them, since our design is not registered. This could reduce the market share for the product in question and harm both the firm’s reputation and products.

 

References

https://www.wipo.int/designs/en  

http://ipo.gov.tt/types-of-ip/industrial-designs/

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