An “Industrial Design” is an Intellectual Property Right (IPR) that recognizes and protects the new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles (visual design) and not the functional part of the object/article. The design can be made by hand, or by any tool or machine, or by combination also. The design is judged merely by eye, without the help of any other mechanical device.
How to register industrial design and protect your industrial design in INDIA?
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014.
The industrial design registration like any other Intellectual Property, is particularly useful. For many industries, design is the simplest way of differentiating their products from the competitive products and customers may also associate a product with particular company or with a particular quality standard based on the product aesthetics. Thus, the popularity of the industrial design is helpful in popularity of the business entity. Many companies that manufacture duplicate or imitation products usually copy the design and look of the product to gain market shares. As a result it becomes very important to protect a design.
Essential points for Registering of industrial design:
Following mentioned points are the essentials to be kept in mind before applying for the registration of the industrial design application in India:
The industrial design should be novel, original and has never been used before.
The industrial design should not have been disclosed to the public anywhere in India or in any other country prior to the priority date of the application.
The industrial design should relate to the article and its functionality.
The industrial design should have artistic value.
The industrial design should be significantly distinguishable from known designs or combination of known design.
The industrial design should not comprise or contain scandalous or obscene matter. Industrial design rights are granted for a limited period.
The duration of the protection of industrial designs varies from country to country. In India, the registration of industrial design initially confers the right for 10 years from the date of registration. It is further renewable for a period of 5 years.
If the fee for further period of registration is not paid within the period of initial registration, the industrial design rights will cease. But there is also a provision for the restoration of lapsed design. The lapsed design can be restored by filing an application for restoration within one year from the date of cessation in the prescribed manner.