INTELLECTUAL PROPERTY RIGHTS OF INDUSTRIAL DESIGNS

BACKGROUND

Industrial Design protection is granted to a shape, configuration, surface pattern, colour, or line, which when applied to a functional article, improves its overall functionality, usability or just the aesthetic value. According to the design Act, 2000, Industrial Design Protection is a type of IP right that gives the exclusive right to make, sell and use the articles that embody the industrial design, to selected people only. The industrial design has to be registered in India to obtain design protection in India.

TERM OF PROTECTION

Industrial Design Protection is granted for a period of 10 years in the country of filing, renewable once for a period of 5 years.

CONDITIONS FOR PROTECTION

  • It should be novel and original
  • It should be applicable to a functional article
  • It should be visible on a finished article
  • It should be non-obvious
  • There should be no prior publication or disclosure of the design

ADVANTAGES OF INDUSTRIAL DESIGN RIGHTS

The application procedure for Design Protection is fairly simple. The Design Office has provisions for both online filing and paper filing. The Locarno Classification classifies all the designs making it simpler to file the application under specific class.

STAGE I.

An application is to be submitted to the Design Office with the desired design, classification code and description of the design. .

STAGE II.

The application is examined, after which the applicant receives a communication from the Design Office regarding the objections.

STAGE III.

The applicant will then rectify the application according to the objections and file the response to the Design Office. .

STAGE IV.

The Design Office will then grant the application based on the rectifications, if all the requirements are met. .

STAGE V.

Once the application is granted and if there is no third party objection, the design is exclusive to the owner for the time period mentioned. .

INDUSTRIAL DESIGN RIGHTS IN INDIA

In India, Industrial Design is governed by the Design Act, 2000 and the Design Rules, 2001. Our country has the system of ‘First to File’. This implies that the right holder should file an application for protection of industrial design at the earliest to prevent anyone else from claiming the designs as their own.

Anybody who claims to be the proprietor of the design can file an application for the protection of industrial design. The following conditions have to be met in order to file an application for protection

  • Design is not published in any nation;
  • Can be easily produced through manufacturing;
  • Not barred by general consensus;
  • Totally different from the known designs;
  • Not consisting of any obscene material.

According to Indian design laws, the owner can file for the application only if their business is centered in India. If not, they are supposed to file the application through a lawyer or agent who will prepare a document of the case and also conduct the entire prosecution of the application.