Industrial Designs

What is an Industrial Design?
• Design is defined by statute “to comprise features of

shape, configuration, pattern, ornament or composition
of lines or colors applied to any article in two or three-
dimensional form, or both, 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”.
Note:-
It excludes any mode or principle of construction,
anything which is in substance a mere mechanical
device, any trademark or property mark or any artistic
work as defined by the Copyright Act.
What is the need for protection of Industrial Design?
• Industrial designs are what make an article attractive

and appealing; hence, they add to the commercial
value of a product and increase its marketability.
• When an industrial design is protected, the owner –
the person or entity that has registered the design – is
assured an exclusive right and protection against
unauthorized copying or imitation of the design by
third parties. 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, encouraging
creativity and promoting more aesthetically pleasing
products.
What is the need for protection of Industrial Design?
• Protecting industrial designs helps to promote economic

development by encouraging creativity in the industrial
and manufacturing sectors, as well as in traditional arts
and crafts. Designs contribute to the expansion of
commercial activity and the export of national products.
• Industrial designs can be relatively simple and
inexpensive to develop and protect. They are
reasonably accessible to small and medium-sized
enterprises as well as to individual artists and crafts
makers, in both developed and developing countries.
• The Designs Act 2000 and the Designs Rules 2001 (which
replace the 1911 act and the 1933 rules) constitute the
statutory and regulatory design laws in India
Requirements for Registration of Industrial Design
As per Indian Design Act, 2000; for any design to

be registered, it must be:-
1. New or original; Not published ;
2. The design should relate to features of shape,
configuration, pattern or ornamentation applied or
applicable to an article.
3. Significantly distinguishable from known designs or
combinations of known designs;
4. Devoid of scandalous or obscene matter.
Designs Act 2000
The Design Act 2000 is an Act to consolidate and amend the law relating to
the protection of designs.
Designs Act 2000
• Designs are valid for a maximum of ten years,
renewable for a further five years. Thereafter, the
design becomes public property and can be used by
anyone.
• Generally, industrial design protection is limited to the
country in which protection is granted.
• The Hague Agreement Concerning the International
Registration of Industrial Designs, a WIPO
administered treaty, offers a procedure for
international registration of designs.
• The design will then be protected in as many member
countries of the treaty as the applicant designate.
Terms of Registration
• Once a design is registered, a registration certificate is
issued.
• The duration of the registration is initially ten years
from the date of registration.
• The initial period of registration may be extended by
further period of five years on an application made in
Form-3 with the necessary fee to the Controller before
the expiry of the initial period of copyright in the
design.
Requirements of Application
I. Submit a duly filled in the prescribed form (Form-1) with
the prescribed fees along with four copies of the
representation of the Design (of size 33cm x 25cm
with suitable margins).
II. The drawing should clearly depict the features of the
design from all the views and it must state the view.
III. A statement of Novelty
IV. Power of Attorney(if any)
V. Priority documents(if any) in case of convention
application claimed under section-44 of the Designs Act
2000.

Industrial Designs

Uploaded by

Copyright:

Available Formats

Industrial Designs

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Industrial Designs

Uploaded by

Copyright:

Available Formats

What is an Industrial Design?

• Design is defined by statute “to comprise features of

• Industrial designs are what make an article attractive

• Protecting industrial designs helps to promote economic

As per Indian Design Act, 2000; for any design to

You might also like