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A Design refers to the features of shape, configuration.

pattern, ornamentation or composition of lines or


colors applied to any article, whether in two or three
dimensional (or both) forms. This may be applied by
any industrial process or means (manual, mechanical
or chemical) separately or by a combined process,
which in the finished article appeals to and judged
solely by the eye.
Industrial design is the use of a combination of applied
art and applied science to improve the aesthetics, ergonomics,
and usability of a product, but it may also be used to improve the
product's marketability and production.
JUST AS TRADEMARK SHAPES AND
DISTINGUISH A COMPANYS CORPORATE
IMAGE, GOODS AND SERVICES;
AN INDUSTRIAL DESIGN SHAPES THE FORM OF
NEW PRODUCTS TO DIFFERENTIATE IT FROM
CURRENT PRODUCTS.

COMPANIES REGULARLY LAUNCH NEW DESIGNS


/ NEW MODELS

INDUSTRIAL DESIGNS AND TRADEMARKS ARE


INTELLECTUAL PROPERTY (IP) TOOLS THAT
CONTRIBUTE TO A BRANDING STRATEGY
AN INDUSTRIAL DESIGN IS
THE FORM OF A PRODUCT
Only the aesthetic/visual form of a
product can be filed and protected as an
INDUSTRIAL DESIGN

not the Technical (Patents) nor


Distinguishing Features (Trademarks)
The first use of the term "industrial design" is often attributed to the
designer Joseph Claude Sinel in 1919 (although he himself denied
this in interviews), but the discipline predates 1919 by at least a
decade.
Christopher Dresser is considered the world's first Industrial
Designer. Industrial design's origins lie in the industrialization of
consumer products.
For instance the Deutscher Werkbund(German Work Federation),
founded in 1907 and a precursor to the Bauhaus(school), was a
state-sponsored effort to integrate traditional crafts and industrial
mass-production techniques, to put Germany on a competitive
footing with England and theUnited States.
INDUSTRIAL DESIGN
(2D - Two dimension)
APPLYING FOR A PROTECTION OF NEW AND ORIGINAL DESIGNS
ENABLE OWNERS TO PROPOSE A LICENSE TO CREATE NEW
INCOMES AND/OR RECEIVE ROYALTIES
THIS IS POSSIBLE ONLY ONCE THE FORMAL PROTECTION IS
LEGALLY AGREED. A DESIGN IS ALSO AUTOMATICALLY
PROTECTED BY THE COPYRIGHT SYSTEM
Orchid Brooch, Tiffany
& Co, New York, 1889,

FRANCKMULLER
FRANCK MULLER

Bunny Bangle, Daniel


Brush, 1988-1992
Industrial designs are what makes a
product attractive and appealing; hence, they add to
the commercial value of a product and increase its
marketability.
When an industrial design is protected, this helps to ensure a
fair return on investment.
An effective system of protection also benefits consumers
and the public at large, by promoting fair competition and
honest trade practices.
Protecting industrial designs helps economic development, by
encouraging creativity in the industrial and manufacturing
sectors and contributes to the expansion of commercial
activities and the export of national products.
Depending on the particular national law and the kind of
design, In most countries, an industrial design must be
registered in order to be protected under industrial design
law.
As a general rule, to be registrable, the design must be
"new" or "original". Different countries have varying
definitions of such terms, as well as variations in the
registration process itself. Generally, "new" means that no
identical or very similar design is known to have existed
before
An industrial design may also be protected as a work of
art under copyright law. In some countries, industrial
design and copyright protection can exist concurrently.
In other countries, they are mutually exclusive: once the
owner chooses one kind of protection, he can no longer
invoke the other.
Designs that are primarily literary or artistic in scope of design. character are not
protected under the Designs Act.
These will include :

books, jackets, calendars, certificates, forms-and


other documents, dressmaking patterns, greeting
cards, leaflets, maps and plan cards, postcards,
stamps, medals.
labels, tokens, cards, cartoons.
any principle or mode of construction of an article.
mere mechanical contrivance.
buildings and structures.
parts of articles not manufactured and sold
variations commonly used in the trade.
mere workshop alterations of components of an
assembly.
mere change in size of article.
flags, emblems or signs of any country.
layout designs of integrated circuits.
Designs that fail to meet requirements of
novelty, originality and/or individual character
Designs dictated by technical function
Designs with official symbols or emblems
Designs contrary to public order or morality
The registration of a design confers registered proprietor the
exclusive right to apply a design to the article in the class in
which the design
has been registered.
A registered proprietor of the design is entitled to a
better protection of his intellectual property.
He can sue for infringement, if his right is infringed by any
person.
He can license or sell his design as legal
property for a consideration or royalty. Registration
initially confers this right for ten years from the date
of registration. It is renewable for a further period of
five years.
If the fee for extension is not paid for the
further period of registration within the period of initial
registration, this right will cease.
Any person or the legal representative of the
assignee can apply separately or jointly for
the registration of a design.
The term person includes firm, partnership
and a body corporate.
An application may also be filed through an
agent in which case the power of attorney is
required to be filed.
The design must be NEW
The design must be ORIGINAL
The design must have INDIVIDUAL CHARACTER
The design can also be protected as copyright (not only
as a Design)
Any person who desires to register a design is required
to submit the following documents to the Design Wing
of the Patent Office at "Intellectual Property Office",
CP-2, Sector V, Salt Lake, Kolkata - 700 091 or any
of the Branch Offices of the Patent Office at Delhi,
Mumbai and Chennai.
The applications received by
the Branch Offices shall be transmitted to the Head
Office for processing and prosecuting.
An application accompanied by the prescribed fee and
four copies of the representation of the design, on
receipt at the office. are numbered and dated in the The Patent Office and
taken up for examination.
The number accorded to an application is in the order
of its receipt and the date accorded to an application
is the actual date of its receipt in the office.
Defects in the application, if any, noticed on
examination of the application are communicated to
the applicant or to his agent at the address for service.
The defects should be corrected and the application
to the Design of the Patent Office for
acceptance within six months or within the extended
period from the official date of the application.
Acceptance & Notification :- An application is
accepted when all the shortcomings have been
rectified. It is then notified in the Patent Office journal
which is published on every Friday.
Refusal :- In case the defects as required by the
Controller are not rectified, a personal hearing will be provided
to the applicant. After hearing the controller will decide whether
the application should be accepted or not.
Appeal :- Any person aggrieved by the decision of
the Controller refusing to register a design may appeal
to the High Court.
The appeal should be made within
three months from the date of the Controller's
decision.
Abandonment :- An application which owing to any
neglect or default on the part of the applicant has not
been completed so as to enable registration to be
effected within six months or within extended period
will be treated as abandoned.
Such an application
cannot be revived and no further action will be taken
on it by the Design Wing of the Patent 'Office.
The following statement of novelty should be
mentioned on the representation of a design as per
the Act. :
"The novelty resides in the shape and configuration
of the article as illustrated."
"The novelty resides in the portion marked as 'A'
of the article as illustrated."
of the statement "The novelty resides in the
ornamentation or surface
of novelty pattern of the article as illustrated."
Example : The novelty resides in the floral
ornamentation of the carpet as illustrated.
A representation sheet of an article is an
important document required to be filed in
quadruplicate along with the application for
registration.
Representation means the exact
representation of the article on which the
design has been applied. It should be
prepared on white A4 size paper of durable
quality but should not be prepared on card
board or should not be mounted sheet on
other paper.
REPRESENTATIONS OF DESIGN

DESIGN APPLIED TO
A STOOL
After registration, the design is published in the Patent Office Journal in
the last part. After publication, the design is open to public for
inspection.
Patent Office Journal is published on every Friday and contains the
following matters on designs:
a. Public notice, if any.
b. Registered designs.
i. Registration number.
ii. Date of filing.
iii. Name of article.
iv. Class of the article.
v. Name and address of the registered proprietor.
vi. Priority details like priority date and country.
vii. Best view(s) of the article from the representation.
c. Renewal of designs (only registration number).
d. Restored Designs.
e. Assignments / licenses/ Mortgage registration.
f. Matters relating to rectification.
g. Matters relating to cancellation.

During the existence of copyright in any design it


shall not be lawful for any person, without the license
or written consent of the registered proprietor:
i. for the purpose of sale to apply or cause to be
applied, to any article in any class of articles in which
the design is registered, the design or any fraudulent
or obvious imitation thereof, or to do anything with a
view to enable the design to be so applied;
ii. to import such article for the purposes of sale.
iii. to publish or expose or cause to be published or
exposed for sale, that article.
The proprietor of the design gets exclusive right to apply the
design to the article in a class in which the design is
registered.
A registered proprietor can institute a suit for injunction as
well as recovery of damages against any person engaged in
piracy of the registered design. Such legal proceedings can be
instituted from the date of registration and till the expiry of
copyright.
However, in case of reciprocity application, the registered
proprietor can claim damages in only from the actual date on
which the design is registered in India.
If any person commits piracy of a registered
design, as defined in Section 22, he shall be
liable to pay for a payment of a sum not
exceeding twenty thousand rupees, recoverable
as contract debt.
However, the total sum recoverable in respect of
any one design shall not exceed fifty thousand
rupees.
The suit for injunction / damages shall not be
instituted in any Court below the Court of District
Judge.
WHAT IS ORIGINALITY IN DESIGNS AND HOW
IT HELPS IN GENERATING NEW DESIGNS

SHAPE AND CONFIGURATION OF


A CRICKET BAT AND A BALL IS WELL KNOWN
DESIGN WHICH IS NOT NEW AS SUCH BUT ORIGINAL
AND NEW IN APPLICATION
ALSO REGISTRABLE

SHAPE OF CRICKET BAT &


BALL WELL KNOWN

BUT AN ERASER IN THE


SHAPE OF CRICKET BAT &
BALL IF NOT PRIOR PUBLISHED

REGISTRABLE AS AN
ORIGINAL DESIGN HAVING
NOVEL APPLICATION
VARIANTS COMMONLY USED IN
TRADE NOT A REGISTRABLE
DESIGN

Common practice to have or not have spikes in soles


Of running shoes.

You cannot claim a new design by simply adding


available spikes to a known shoe which did not
have spikes.
HOW OBVIOUS IMITATIONS CAN BE
STOPPED BY REGISTRATION
OF INDUSTRIAL DESIGNS

PLAINTIFFS DEFENDANTS

DESIGN WITH PLANE /SMOOTH


FINISH SAME DESIGN WITH
ROUGH FINISH
FINDINGS OF THE COURT:

BROAD PATTERN OF THE TWO SOLES SIMILAR


BOTH HAVE SIMILAR PATTERNS IN CUTS, RIDGES,
GROOVES AND LINED PATTERNS.

BROAD FEATURES OF PATTERN, CONFIGURATION &


DESIGN SIMILAR

COLOUR DIFFERNCE DEFENDANTS BLACK VIS--


VIS BROWN OF PALINTIFFS NOT OF ANY
SUBSTANCE

APPARENTLY THE DESIGN APPLIED BY THE DEFENDANT IS


SIMILAR OR OBVIUOS IMITATION OF THE PLAINTIFFS
DESIGN.

DEFENDANTS CANNOT BE SAID TO BE INNOCENT USER OF THE


DESIGN
DUE TO SUBSTANTIAL SIMILIARITY DEFENDANTS CANOT USE THE
DESIGN

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