Ex- Jewellery design– fancy design of bangles----available in 1 shop ,hence

shop needs to protect itself

Industrial design Registration Protects the aesthetics/

Beauty, looks of an article
1. We see various objects which we recognize by seeing their
design.
2. Design can take the form of ART, DRAWIGS,
3. EX- Handicrafts
Medical instruments
Watches
Jewelery ,house wares ,Electrical appliances ,Vehicles
4. VISUAL ATTRACTION INCREASES MARKETABILITY

5. NOTE- Industrial design does not protect the TECHNICAL

and FUNCTIONAL Features of a product

6. ID Constitutes Ornamental aspect of an article

7.TM and Artistic work wont come under ID

C
 Design ? Or industrial design
1. Defined as the features of Shape, Configuration, Pattern,
Ornamentations or Composition of lines or colors applied to
any article.
2. The Design may be of any dimension i.e. 1 or 2 or 3
dimensional or a combination of these.

3. It may be created by any industrial process or means, whether

manual, mechanical or chemical, separate or combined.

4. Once article is finished it must be APPEALING and is judged solely

by the EYE.
5. Does not include any mode or principle of construction
 Main object of registration of industrial Designs
1. Protect and incentivize the original creativity of the
originator
2. Encourage others to work towards the art of creativity.

EXAMPLES-
1. Piaggio ‘Vespa’ Scooter
2. Coca-Cola ‘Contour’ Bottle
3. The Volkswagen ‘Beetle
4. Swinging Doors For Hospitals
5. Tupperware
6. Rocking Wheel Chair
7. Juicy Salif [citrus juice squeezer]
 Eligibility Criteria
1. Design must be Novel or Original

2. i.e., should not be disclosed to the public by prior publication

or by prior use

3. Design should be significantly distinguishable from the already

registered designs existing in the public domain.

Beauty, looks
 Acts and Laws to Govern Industrial Designs
1. governed under The Designs Act, 2000 and Design Rules, 2001
2. Which have been amended from time to time in 2008, 2013,
2014 and 2019.

The Design should include the following characteristics

-Make products and services as usable, good-looking and

ecologically sustainable as possible.
- Design products and services that are profitable in terms of the cost of
production
 Design Rights
1. Give legally rights so that others cannot do
Reproducing,
Manufacturing,
Selling, or
Dealing
in the said registered Design without his prior consent.

2. Useful for entities where the shape of the product has aesthetic
value and the entity wishes to have Exclusivity over the said novel and
original Design applied to its product(s) or article(s).
 Enforcement of Design Rights
1. Once applicant is given the rights over a specific Design, he
has the right to sue the person (natural/entity) if the pirated
products of his registered design are being used

2. file the infringement case in the court to stop such exploitation and
for claiming any damage.

3. The court will 1st see that the Design of the said product is registered
under the Designs Act, 2000

4. Ask infringer to pay the damage ( 50,000/-) in respect of infringement

of one registered Design.
 Non-Protectable Industrial Designs in India
1. Any Industrial Design which is against public moral values.

2. Industrial Designs including flags, emblems or signs of any

country
3. Industrial Designs of integrated circuits.
4. Any Design describing the process of making of an article.
5. Industrial Designs of – books, calendars, certificates,
dressmaking patterns, greeting cards, leaflets, maps and plan
cards, postcards, stamps, medals

Artistic work like these are Excluded from INDUSTRIAL DESIGN

Paintings, sculptures, drawings including a diagram, map, chart or plan.
Photographs and work of architecture.
Any other work related to artistic craftsmanship
Non-Protectable Industrial Designs
 Protection Term
Designs are protected for 10 years in India and
Can be extended by 5 years after making a renewal application

OBJECTIVE OF ID ACT
1. To Protect the Designs
2. Protect new or original designs from getting copied hence
causing loss to the owner of ID
3. To increase commercial value of a product
4. Expanding the market
5. Artist must get REWARD/AWARD for creating the design
Procedure for Registration of Industrial Designs
1. Prior Art Search
2. Application for Registration

1. Prior Art Search- various search engines

Flowchart for the process of Design Registration

Change/ revise
 Duration of the Registration of a Design
Design registration is valid for 10 years from the date of registration.
May be extended further for 5 years

Importance of Design Registration

1. Ensures the exclusive rights of the applicant on the Design.
2. Prevent the registered Design products from PIRACY and
IMITATION.
3. Boost the sale of the products and establish goodwill in the market.
 Cancellation of the Registered Design
1. The registration of a Design may be cancelled at any time.
2. Petition has to be filed in Form-8 with prescribed fee to the
Controller of Designs.

The application can be made on the following grounds:

 Application Forms
Total of 24 forms pertaining to Industrial Designs
 Classification of Industrial Designs
Locarno Classification
1. It is established by the Locarno Agreement (1968),
2. It is an international classification used for the purposes of the
registration of industrial designs

3. The classification comprises a list of classes and subclasses with

a list of goods that constitute Industrial Designs

4. There are 32 classes and 237 subclasses that can be searched in two
languages i.e. English and French.

EX- Class 1 includes foodstuff for human beings, foodstuffs for animals
and dietetic foods
diet and its effects on health

Class 32 classifies the Design of graphic symbols and logos, surface

patterns, ornamentation.
 International Treaties

The WIPO has put in place two important treaties (international)

dealing with the smooth functioning of various aspects of Industrial
Designs:

1. Hague Agreement for international registration (1925)

(https://www.wipo.int/treaties/en/registration/hague/)
2. Locarno Agreement (1968) for international classification
(https://www.wipo.int/treaties/en/classification/locarno/)
 Famous Case Law:
Apple Inc. vs. Samsung Electronics Co.
1. In 2011, Apple Inc. filed a case against Samsung Electronics
in the US for infringing their Designs and Utility Patents of the user
interface like screen app grid and tap to zoom.[device look, design,
bounce back function gesture motion]
2. In June 2011 Samsung replied by saying that Apple has
disobeyed patents WRT communication Tech and camera.

3. Both company are rivals ,yet have many business relationships.

4.Court asked both to come to a settlement off the court

5. It didn’t work
4. US Jury intervened and Apple got in DAMAGES 539 Million as
they saw that Samsung has many devices using apple s/w and
design patents
Defined as a sign which can be used on products belonging to a
particular geographical location/region and possesses qualities
or a reputation associated with that region
In every country, has some regions famous for their traditional
knowledge/heritage in various sectors, such as agriculture, food
products, textiles, etc
Ex – 1.Columbus sailed from Spain to import world-famous spices from India.
2. British people travelled to Arabian countries to import Arabian horses
3.Darjeeling tea [1st to register in India]
4.Malabar coffee, Mysore silk , Channapatna Toys & Dolls, Goa Feni,
Lakhnow Chicken craft , Basmati Rice , Mysore Sandalwood Oil , Mysore
Sandal soap, Mysore Traditional Paintings, Nanjanagud Banana, Mysore
Betel leaf, Salem Mango, Hosur Rose , JOHA RICE OF ASSAM, Tirupathi
Laddu
In GI, there is a strong link between the product and its
original place of production.

Why it is needed?
To protect traditional products that have a specific
and unique connection to a particular place
 Acts, Laws and Rules Pertaining to GI

In India, GI was introduced in 2003 and is governed under the

Geographical Indications of Goods (Registration & Protection)
Act, 1999
and
Geographical Indications of Goods (Registration
& Protection) Rules, 2002

Ownership of GI
The ownership/holders of GI (registered) can be of the
1. Producers, as a Group/Association/ Cooperative Society Or
2. Association
3. Or In Certain Cases, Government.
 Rights Granted to the Holders
1. Right to grant the license to others
2. Right to sue
3. Right to exploit
4. Right to get reliefs

5. Right to grant the license to others

Right to gift, sell, transfer/grant a license, mortgage or enter into any
other arrangement for consideration regarding their product.

2. license or assignment must be given in written and registered

with the Registrar of GI, for it to be valid and legitimate
 Registered GI in India

1. GI products registered in India belong to the domains of

Handicrafts,
Agricultural,
Food stuffs,
Alcoholic beverages, etc.
2. 1st first GI tag was granted in 2004 to Darjeeling Tea and the
latest being Kashmir Saffron and Manipur Black rice (Chakhao)
in May 2020.

3. A total of 370 GI have been registered in India till May 2020.

Scotch whisky (UK)
 Identification of Registered GI
1. Registered GI products are granted a tag, which is printed on the
registered products.
2. The tag confirms the genuineness of the product in terms of its
production and location of production [cultural and/or historical
identity]
3. Non-registered GI products cannot use/exploit this tag

EX-. Darjeeling Tea, Mysore Silk, Tirupathi Laddu, Banaras saree etc.

4. In India, GI tags are issued by the Geographical Indication

Registry under the Department for Promotion of Industry and
Internal Trade.
5. GI registered products can be grown/produced in any part of the
World but these products cannot be labelled as GI as they are not
produced/ manufactured in a specific geographical location
For example,
Plants of Darjeeling Tea can be grown in any part of India.

But the tea leaves of these plants cannot be sold under the brand
name of Darjeeling Tea, as the concerned plants were not grown
in the soil and climate of the Darjeeling area.
 Classes of GI
GI certified goods are classified under 34 different classes

Class 1- is for chemicals used in industry, science, photography,

agriculture, horticulture and forestry; unprocessed artificial resins,
unprocessed plastics; manures; fire extinguishing compositions;
tempering and soldering preparations; chemical substances for
preserving foodstuffs; tanning substances; adhesives used in
Industry.

Class 33- is for alcoholic beverages (except beers)

Class 34- is related to tobacco, smokers‘ articles, matches

 Non-Registerable GI
1. The use of which would be likely to deceive or cause
Mislead ,fraud
confusion.
opposite
2. The use of which would be contrary to any law.
Vulgar
3. Which comprises or contains scandalous or obscene matter.

4. Which comprises or contains any matter likely to hurt the

sentiments of society.

5. Religious susceptibilities of any class or section of the citizens

of India.
 Protection of GI
-Enforced by the court of law of the concerned country.
- It enables to identify pirated/non-genuine stuff, provides more
commercial value to the product

-Two methods of protecting a GI are:

a) Sui generis systems [India gives protection under this]
b) Certification or Collective Mark Systems

Sui generis systems

As every country has different legislation and geographical
structures & resources.
Hence this system is not uniform in all countries
 Certification or Collective Mark Systems
1. It Certifies the products comply with specific quality standards
irrespective of their origin
2. identify and protect the goods of a particular region.

2. Its purpose is to distinguish certified goods from non-certified

ones
3. It is a trademark owned by an organization (such as an association),
used by its members to identify themselves with a level of quality or
accuracy, geographical origin, or other characteristics set by the
organization.
Ex- CA- is used by the members who are a part of the Institute of
Charted Accountants
Duration – 10 years from the application

members of the Society of Certified

Public Accountants
 Procedure for GI Registration
1. Prior to filing an application for registering GI, it is prudent to
search whether the concerned GI is already protected or not.

2. This can be done by using search engines created by WIPO

3. WIPO has created a directory of all IP offices of its member countries.

4. After doing prior art search ,file the application

5. Application can be forwarded by an individual or an organization

to Registrar, Geographical Indications, along with fee..
 Flow chart for the process of GI registration

IP Appellate board
 GI Ecosystem in India
1. India is among the geographically and traditionally rich
countries.
2. The scope of generating GI products in India is enormous.
3.These products can contribute to the economic development of a
particular region or society
4. 370 GI have been registered in India-till June 2021
Max number (148) of GI were filed in 2011-12
Min number (17) was observed in 2015-16.
(34) seen in 2016-17.
Case study on Patents –CURCUMA –Turmeric Patent

Reduce swelling
Antibiotic ,healing wounds
Marriage ,functions

Indian governing Body

and patent is NOT NOVEL INVENTION

NOW IT BELONGS TO INDIA
Case study on Patents –NEEM
Botanical Name
It’s a victory after 4
years long effort by
Research Foundation
for
Science ,Technology
and Environment
Case study on Patents –BASMATI RICE
 IP ECOSYSTEM/ORGANISATIONS IN INDIA
1. Department for Promotion of Industry and Internal Trade
(DPIIT), New Delhi
Main body for regulating and administering the industrial sector.
 2. Intellectual Property Appellate Board and its Amendment
1. With an increase in the IPR regime all over the world lot of
disputes had also been observed
2. Judicial courts in India, there was a significant delay in the
judgments related to IPR cases.
3. So in 2003 Government of India established IPAB under DPIIT.