Industrial Design Registration and why are they Important

INDUSTRIAL DESIGN REGISTRATION AND WHY ARE THEY IMPORTANT

In the present visual driven consumerist world, the show of an item turns out to be similarly significant as the brand if not more. By and large, a client is bound to pick an item that grabs her attention and that is the place where the part of configuration becomes possibly the most important factor. Albeit a fundamental piece of the Intellectual Property world, Industrial Design is quite possibly the most disregarded components and is regularly eclipsed by other like licenses, brand names and copyright.

What is Industrial Design?

Industrial design (interchangeably referred to as “Design”) recognizes the creation of new and original features of the unique shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished form appeal to and is judged solely by the eye. The design of a product generally includes the unique features in the product, such as the aspects of configuration, shape and pattern of or applied to the product.

In India, such Designs are dealt under the Designs Act 2000 and accompanying rules. The Act under Section 2(d) defines Design as “the only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a merely mechanical device.”

In simple terms, a design is largely the visual appearance of a product that is exclusive to the product. The exclusivity of the appearance may be delivered by the shape, combination of colours, composition of lines etc. The critical point is that the design cannot exist independently in the nonrepresentational, it has to be applied to a two-dimensional or a three-dimensional article.

What designs can be protected?

A design is protected when it is granted registration under the Designs Act 2000. For a design to be protected certain criteria have to be met. The design should be new and original and not previously published or used in any country before the date of application. The design must relate to a shape, pattern, configuration or ornamentation of an article and must be applied to it by an industrial process. Moreover, the design must not be related to or enhancing the functional aspect of the article.

Lastly, the design cannot consist of scandalous or obscene matter or be a trademark, property mark, or any artistic rights as under the copyright law. Also, the design should not be contrary to public order or morality

Who can apply to register a Design?

Application for registration of a design can be made by any person claiming to be the proprietor of the design. An authorised agent can also apply for such registration on the behalf of the proprietor.

How to register a Design?

To protect the industrial design, the registration of the same is mandatory. The Office of the Controller General of Patents, Designs, and Trademarks is the competitive authority handling matters related to industrial design registration. As mentioned before, the Designs Act 2000 regulates the registration and subsequent protection of such designs.

The process of registration starts by making a duly filled application with details such as the applicant’s name and address, nature of the applicant, description and representation of the article and its class, claim of novelty etc. to the Designs Office along with the prescribed fees.

Upon receipt, the application is then examined by the Designs Office, and if no objection is raised or objections, if any, are duly removed, then the application gets accepted and subsequently registered. A registration certificate for the design is issued by the office and entry is made in the Register of Designs containing the details of the design so registered. The term for validity of a design registration is 10 years with an optional extension for a period of 5 years.

Why Design registration is important?

From the perspective of a business, a design registration may prove to be valuable as the current aesthetic driven consumers can place the looks of a product on a higher pedestal than its functionality. Provided the hold a design has on the decision-making of consumers, it is only right to protect original and unique designs.

Moreover, immense time and resources are spent to create unique and eye-catching designs which help the products stand out in the competitive market. This further adds to the justification to protect such designs.

The foremost benefit of a design registration is the associated financial gain that would ensue to the proprietor. As mentioned above, companies spend a great deal of resources to get an edge over competitors, and good design registration can help that.

Also, registration of such designs entitle the registered proprietor a legally recognised protection on his precious intellectual asset. This in turn prevents third parties from unauthorised exploitation of the design as such action can lead to infringement action by the proprietor. This enables the proprietor to focus on promoting and establishing his design in the market rather than worrying about knock-offs from unscrupulous third parties.

Getting hold of exclusive rights to a design may effect in a significant return on the investment as it allows the proprietor to avert others from reproducing his popular design. The infringement action talked about earlier can also bring financial gain in form of damages suffered as a result of such infringement of the registered design.

Having a strong protection increases the value of the design in the market and also gives a competitive edge to the business in the market. A registration also enables the proprietor to cash in the design indirectly by licensing for royalties or to selling it for a lump sum consideration. A registration further enhances your leverage on the other party during such licensing, selling or any other related negotiation.

Non- registration of the design poses the risk of losing the abovementioned rights against the infringers, thus losing out on a great risk management device. This in turn would lead to increasing the vulnerability of the mark to piracy as well as losing out market share and profits.

Besides, the chargeable fee for a design registration is very reasonable considering the fact that the protection is granted for a period of 15 years and the design registration process is relatively more time bound and hassle free than others. More often than not, the design so protected is used industrially on a mass scale thus indicating the return on such registration is possibly much higher than the initial investment.

As mentioned above, the protection period of design registration can last up to 15 years. This extensive time period allows the design to gain the desired reputation and goodwill which has the potential of providing the design under another form of apparently perennial intellectual property i.e. trademarks as these designs would have acquired the “distinctiveness”.

Additionally, if a holistic view is taken, protection of industrial can have a rippling effect also encouraging creativity in manufacturing and industrial sectors which can ultimately lead to the growth of commercial activities.

So, in essence, a design registration can be a harbinger of numerous benefits to a business stating the exclusive right to manufacture and sell the design or to alternatively license or sell the aforementioned exclusive right over the design. Either way, this seems like a win-win situation as the proprietor gets profits anyway. Thus, the registration of industrial designs is an effective and inexpensive tool for both risk management as well as revenue generation and hence this worthwhile investment should not be overlooked at any cost.

What is Industrial Design?

Industrial design (interchangeably referred to as “Design”) recognizes the creation of new and original features of the unique shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished form appeal to and is judged solely by the eye. The design of a product generally includes the unique features in the product, such as the aspects of configuration, shape and pattern of or applied to the product.

In India, such Designs are dealt under the Designs Act 2000 and accompanying rules. The Act under Section 2(d) defines Design as “the only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a merely mechanical device.”

In simple terms, a design is largely the visual appearance of a product that is exclusive to the product. The exclusivity of the appearance may be delivered by the shape, combination of colours, composition of lines etc. The critical point is that the design cannot exist independently in the nonrepresentational, it has to be applied to a two-dimensional or a three-dimensional article.

What designs can be protected?

A design is protected when it is granted registration under the Designs Act 2000. For a design to be protected certain criteria have to be met. The design should be new and original and not previously published or used in any country before the date of application. The design must relate to a shape, pattern, configuration or ornamentation of an article and must be applied to it by an industrial process. Moreover, the design must not be related to or enhancing the functional aspect of the article.

Lastly, the design cannot consist of scandalous or obscene matter or be a trademark, property mark, or any artistic rights as under the copyright law. Also, the design should not be contrary to public order or morality

Who can apply to register a Design?

Application for registration of a design can be made by any person claiming to be the proprietor of the design. An authorised agent can also apply for such registration on the behalf of the proprietor.

How to register a Design?

To protect the industrial design, the registration of the same is mandatory. The Office of the Controller General of Patents, Designs, and Trademarks is the competitive authority handling matters related to industrial design registration. As mentioned before, the Designs Act 2000 regulates the registration and subsequent protection of such designs.

The process of registration starts by making a duly filled application with details such as the applicant’s name and address, nature of the applicant, description and representation of the article and its class, claim of novelty etc. to the Designs Office along with the prescribed fees.

Upon receipt, the application is then examined by the Designs Office, and if no objection is raised or objections, if any, are duly removed, then the application gets accepted and subsequently registered. A registration certificate for the design is issued by the office and entry is made in the Register of Designs containing the details of the design so registered. The term for validity of a design registration is 10 years with an optional extension for a period of 5 years.

Why Design registration is important?

From the perspective of a business, a design registration may prove to be valuable as the current aesthetic driven consumers can place the looks of a product on a higher pedestal than its functionality. Provided the hold a design has on the decision-making of consumers, it is only right to protect original and unique designs.

Moreover, immense time and resources are spent to create unique and eye-catching designs which help the products stand out in the competitive market. This further adds to the justification to protect such designs.

The foremost benefit of a design registration is the associated financial gain that would ensue to the proprietor. As mentioned above, companies spend a great deal of resources to get an edge over competitors, and good design registration can help that.

Also, registration of such designs entitle the registered proprietor a legally recognised protection on his precious intellectual asset. This in turn prevents third parties from unauthorised exploitation of the design as such action can lead to infringement action by the proprietor. This enables the proprietor to focus on promoting and establishing his design in the market rather than worrying about knock-offs from unscrupulous third parties.

Getting hold of exclusive rights to a design may effect in a significant return on the investment as it allows the proprietor to avert others from reproducing his popular design. The infringement action talked about earlier can also bring financial gain in form of damages suffered as a result of such infringement of the registered design.

Having a strong protection increases the value of the design in the market and also gives a competitive edge to the business in the market. A registration also enables the proprietor to cash in the design indirectly by licensing for royalties or to selling it for a lump sum consideration. A registration further enhances your leverage on the other party during such licensing, selling or any other related negotiation.

Non- registration of the design poses the risk of losing the abovementioned rights against the infringers, thus losing out on a great risk management device. This in turn would lead to increasing the vulnerability of the mark to piracy as well as losing out market share and profits.

Besides, the chargeable fee for a design registration is very reasonable considering the fact that the protection is granted for a period of 15 years and the design registration process is relatively more time bound and hassle free than others. More often than not, the design so protected is used industrially on a mass scale thus indicating the return on such registration is possibly much higher than the initial investment.

As mentioned above, the protection period of design registration can last up to 15 years. This extensive time period allows the design to gain the desired reputation and goodwill which has the potential of providing the design under another form of apparently perennial intellectual property i.e. trademarks as these designs would have acquired the “distinctiveness”.

Additionally, if a holistic view is taken, protection of industrial can have a rippling effect also encouraging creativity in manufacturing and industrial sectors which can ultimately lead to the growth of commercial activities.

So, in essence, a design registration can be a harbinger of numerous benefits to a business stating the exclusive right to manufacture and sell the design or to alternatively license or sell the aforementioned exclusive right over the design. Either way, this seems like a win-win situation as the proprietor gets profits anyway. Thus, the registration of industrial designs is an effective and inexpensive tool for both risk management as well as revenue generation and hence this worthwhile investment should not be overlooked at any cost.

What is Industrial Design?

Industrial design (interchangeably referred to as “Design”) recognizes the creation of new and original features of the unique shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished form appeal to and is judged solely by the eye. The design of a product generally includes the unique features in the product, such as the aspects of configuration, shape and pattern of or applied to the product.

In India, such Designs are dealt under the Designs Act 2000 and accompanying rules. The Act under Section 2(d) defines Design as “the only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a merely mechanical device.”

In simple terms, a design is largely the visual appearance of a product that is exclusive to the product. The exclusivity of the appearance may be delivered by the shape, combination of colours, composition of lines etc. The critical point is that the design cannot exist independently in the nonrepresentational, it has to be applied to a two-dimensional or a three-dimensional article.

What designs can be protected?

A design is protected when it is granted registration under the Designs Act 2000. For a design to be protected certain criteria have to be met. The design should be new and original and not previously published or used in any country before the date of application. The design must relate to a shape, pattern, configuration or ornamentation of an article and must be applied to it by an industrial process. Moreover, the design must not be related to or enhancing the functional aspect of the article.

Lastly, the design cannot consist of scandalous or obscene matter or be a trademark, property mark, or any artistic rights as under the copyright law. Also, the design should not be contrary to public order or morality

Who can apply to register a Design?

Application for registration of a design can be made by any person claiming to be the proprietor of the design. An authorised agent can also apply for such registration on the behalf of the proprietor.

How to register a Design?

To protect the industrial design, the registration of the same is mandatory. The Office of the Controller General of Patents, Designs, and Trademarks is the competitive authority handling matters related to industrial design registration. As mentioned before, the Designs Act 2000 regulates the registration and subsequent protection of such designs.

The process of registration starts by making a duly filled application with details such as the applicant’s name and address, nature of the applicant, description and representation of the article and its class, claim of novelty etc. to the Designs Office along with the prescribed fees.

Upon receipt, the application is then examined by the Designs Office, and if no objection is raised or objections, if any, are duly removed, then the application gets accepted and subsequently registered. A registration certificate for the design is issued by the office and entry is made in the Register of Designs containing the details of the design so registered. The term for validity of a design registration is 10 years with an optional extension for a period of 5 years.

Why Design registration is important?

From the perspective of a business, a design registration may prove to be valuable as the current aesthetic driven consumers can place the looks of a product on a higher pedestal than its functionality. Provided the hold a design has on the decision-making of consumers, it is only right to protect original and unique designs.

Moreover, immense time and resources are spent to create unique and eye-catching designs which help the products stand out in the competitive market. This further adds to the justification to protect such designs.

The foremost benefit of a design registration is the associated financial gain that would ensue to the proprietor. As mentioned above, companies spend a great deal of resources to get an edge over competitors, and good design registration can help that.

Also, registration of such designs entitle the registered proprietor a legally recognised protection on his precious intellectual asset. This in turn prevents third parties from unauthorised exploitation of the design as such action can lead to infringement action by the proprietor. This enables the proprietor to focus on promoting and establishing his design in the market rather than worrying about knock-offs from unscrupulous third parties.

Getting hold of exclusive rights to a design may effect in a significant return on the investment as it allows the proprietor to avert others from reproducing his popular design. The infringement action talked about earlier can also bring financial gain in form of damages suffered as a result of such infringement of the registered design.

Having a strong protection increases the value of the design in the market and also gives a competitive edge to the business in the market. A registration also enables the proprietor to cash in the design indirectly by licensing for royalties or to selling it for a lump sum consideration. A registration further enhances your leverage on the other party during such licensing, selling or any other related negotiation.

Non- registration of the design poses the risk of losing the abovementioned rights against the infringers, thus losing out on a great risk management device. This in turn would lead to increasing the vulnerability of the mark to piracy as well as losing out market share and profits.

Besides, the chargeable fee for a design registration is very reasonable considering the fact that the protection is granted for a period of 15 years and the design registration process is relatively more time bound and hassle free than others. More often than not, the design so protected is used industrially on a mass scale thus indicating the return on such registration is possibly much higher than the initial investment.

As mentioned above, the protection period of design registration can last up to 15 years. This extensive time period allows the design to gain the desired reputation and goodwill which has the potential of providing the design under another form of apparently perennial intellectual property i.e. trademarks as these designs would have acquired the “distinctiveness”.

Additionally, if a holistic view is taken, protection of industrial can have a rippling effect also encouraging creativity in manufacturing and industrial sectors which can ultimately lead to the growth of commercial activities.

So, in essence, a design registration can be a harbinger of numerous benefits to a business stating the exclusive right to manufacture and sell the design or to alternatively license or sell the aforementioned exclusive right over the design. Either way, this seems like a win-win situation as the proprietor gets profits anyway. Thus, the registration of industrial designs is an effective and inexpensive tool for both risk management as well as revenue generation and hence this worthwhile investment should not be overlooked at any cost.