⇒ What Is Industrial Design?

It is one of the categories of IPR which focuses on the aesthetic feature of an article from its visual appearance. Relevant aspects are the shape, configuration, surface pattern, the color or line or combination thereof as applied to an article that produces aesthetic impression on the sense of sight. It may consist of three-dimensional features such as shape or configuration of an article, or two-dimensional features such as images, pictures or color.

⇒ What is the difference between an Industrial design right and a patent?

1. • 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.
   • In principle, an industrial design right does not protect the technical or functional features of a product. Such features are however potentially protected by patent.

⇒ What are the rights offered to the Owner of the registered design?

1. The territorial right to prevent others from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation.
2. Monopoly right for the term of 10 years which can be extended by 5 years.
3. It creates an asset that can be licensed.
4. It gives the owner a Unique Selling Point (USP).

⇒ How is industrial design rights enforced?

Industrial design rights are usually enforced in a court, generally on the initiative of the owner of the rights as provided by the applicable law. The remedies and penalties vary from country to country and could be civil (injunctions to desist from an infringement, payment of damages etc), criminal or administrative.

⇒ What are international arrangements for Design protection?

Hague agreement concerning the international deposit of Industrial Design-A WIPO administered treaty
It provides a procedure for international registration of designs. An applicant can file for a single international deposit with WIPO or with national office in a country party to the Agreement. The design then will be protected in as many member countries as possible.
The Hague system for the international registration of design provides a practical business solution for registering up to 100 designs in 73 contracting parties covering 90 countries, through a single application.

⇒ What are the statutory arrangements in India?

India joined the WTO as a ―member State in 1995. Consequently, the Patents & Designs Act, 1911 was repealed and the Designs Act, 2000 was enacted, to make the Designs Law in India TRIPS compliant.
The Designs Act, 2000 and corresponding Designs Rules, 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911 administers of the registration and protection of industrial designs in India. The industrial design recognizes the creation  of new and original features of a shape, configuration, surface pattern, ornamentations and composition of lines or colors applied to articles which in the finished state appeal to and is judged solely by the eye.
Under the Designs Rules, 2001, articles have been classified in the Third Schedule based on Locarno Classification. The Locarno Classification is an international classification system used to classify goods for the purposes of the registration of industrial designs. Use of the Locarno Classification by national offices has the advantage of filing applications for the registration of industrial designs with reference to a single classification system. This procedure facilitates industrial design searches and obviates substantial reclassification work when documents are exchanged at the international level.
It may be noted that for registering a design in more than one class, a separate application is required to be filed for each class.

⇒ When to file an application for registration of design?

Taking into account the novelty and/or originality requirement for industrial designs, in most of the legislations, time is a crucial to file an application for registration or grant of the design before publicly disclosing it, so as to avoid destroying its novelty or originality.
If the industrial design as already been disclosed to the public (e.g. an advertisement published on company’s website), it may no longer be considered as “New” or “Original” and may become part of the public domain.
Some countries however, allow for a “grace period” to file after disclosure of the Industrial design. Such a period provides a safeguard for applicants who have disclosed their industrial designs before filing for registration. Such a grace period varies from 6 to 12 months.

⇒ What are the criteria for a design to be registrable?

1. The design should be new and original.
   2. The design should appeal and be judged solely by the eye.
   3.  It should not be published in any country and not publicly known in India.
   4. Significantly distinguishable from known designs or a combination of known designs.
   5. Should not be contrary to the public order or morality.

⇒ Which types of designs are prohibited from getting registration?

According to Section 4 of The Designs Act, 2000, the design that is
a) not new or original; or
b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
(c) is not significantly distinguishable from known designs or combination of known designs; or (d) comprises or contains scandalous or obscene matter shall not be registered.

⇒ How can I search for Industrial Designs that have already been registered?

The Intellectual property office of a particular country has online databases for Industrial Designs registered in that country which can be accessed from the respective intellectual property website.

⇒ Which are the special types of designs “registrable” under The Design Act, 2000?

‘Set’ can be registered as Design.
Rule 2(e) of the Design Rules,2001 says, ‘Set’ means a number of articles of the same general character ordinarily sold together or intended to be used together; all bearing the same design, with or without modification not sufficient to alter the character or substantially to affect the identity thereof.

What kind of products can benefit from Industrial Design protection?
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 electric devices to textiles. Industrial designs are considered to be relevant to graphic symbols, graphical user interfaces (GUI), and logos

How are industrial designs protected?
In most of the 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 upon the particular national law and the kind of design, industrial designs may also be protected as works of art under copyright law.

Why to register Industrial Design?
Enforcement of the statutory rights is possible only after the registration of the Industrial Design with the Intellectual Property Office.

Some examples of Design: