Law of Industrial Designs

1. Law of Industrial Designs By Dr. D.T.Mohan Krishna

2. significance of Industrial design • Designs are primarily those elements incorporated into mass –produced products that aim to enhance their attractiveness by their appearance. • In the present market era when so many consumer products are technically very similar, design becomes an important distinguishing factor.

3. Designs and Trade Marks • Designs, often are not easily separated in the minds of purchasers and users from trade marks and similar symbols. • Trade marks are protected as indicators of trade source from which the goods come and not for the addition to appearance as such. • Most consumers use trade marks as a reference point for securing the qualities of goods or services which they have learned to expect (or at least hope to enjoy), there is no easy borderline to be drawn between design and trade mark rights.) • Design elements are subject of IPRs only for a limited period, whereas trade marks are protected as long as business continues to use them.

6. What is design? • Features of shape , configuration, pattern, ornament or composition of line or colours • Applied to any article whether two dimensional or three dimensional or in both forms • By an industrial process or means , whether manual mechanical or chemical, separate or combined • Which in in the finished article appeal to and are judged by the eye

7. Shape, configuration & pattern

8. Pattern

9. Shape of tea Cups

10. Cups in new shapes & pattern

11. What is not design? • Any mode or principle of construction or • Anything which is in substance a mere mechanical device • Trade mark • Property mark • Artistic work

12. What is article? • Any article of manufacture and • Any substance, artificial, partly artificial and partly artificial and partly natural. • Article includes any part of an article capable of being made and sold separately.

14. Part of an article

15. Part of an article

16. Non-Registrable Designs • which is not new or original design • Which has been disclosed to the public anywhere in India or in any other country by publication in tangible form • Which has been disclose by use or in any other way • Which is not significantly distinguishable from known designs or combination of known designs • Which comprises or contains scandalous or obscene matter

17. Original design • Original design means the design origination from the creator of such design (not copied ) • Designs though old in some cases if they are new in their application, they are original

18. Registration of Design • Application to the controller in the prescribed manner • Examination by the examiner as to registrability • A design is registered in only one class • Registration may be for any one or all of the articles in one class. • Rejection of application can be appealed to High Court • Registration is from the date of application

19. Registration and the term of protection • Certificate of registration • Register of designs – prima facie evidence • Term of Protection – 10 years of Copyright • It can be renewed for a period of 5 years • Restoration of lapsed designs • Rights of proprietor of lapse design which have been resorted

20. Design • Requirements before delivery on sales • Effect of disclosure on copyright • Information as to existence of Copyright in a design • Industrial exhibitions

21. Cancellation of Registration • An interested person can present a petition on the following grounds- • Design has been previously registered in India • Published in India or in any other country • Deign is not a new or original • Design is not registrable under the Act design not one as defined under the Act

22. Piracy of designs & Remedies • Applying (without permission ) a registered or any fraudulent or obvious limitation thereof to any class of articles in which the design is registered – for the purpose of sale • Importing for sale (Without consent) any article belonging to registered class having applied to it the registered design or any fraudulent or obvious imitation to the design Publishing or exposing (Knowingly that the design is pirated) for sale any article without the consent of the proprietor of the registered design

23. Remedies • Contravention of design rights (piracy) is liable for damages not exceeding Rs. 25,000 recoverable as contract debt. • Claim of damages • Injunction order by the court

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