2. Duration and commercial Exploitation of Industrial Design
3. Conditions for Registration
4. Procedure for Registration
5. Economic Development
An industrial design is that aspect of a useful article which is ornamental or aesthetic. Features of shape, configuration, pattern, ornament, or composition of lines or colors, applied to an article and not the article itself. It may consists of
i) Three dimensional features such as the shape or surface of the article
ii) Two dimensional features such as patterns, lines or color, e.g. shapes or forms of chairs, telephones, cars, computers, airplanes, T.V. watches etc.
iii) A combination of one or more such features.
Industrial designs are that aspect of an article which makes it aesthetically appealing and attractive, they serve to add to the commercial value of the product and facilitate its marketing and commercialization.
In case of Industrial design the property consists in the exclusive right to apply the design registered under Design Act, 1911.
DURATION AND COMMERCIAL EXPLOITATION OF INDUSTRIAL DESIGN
Term of protection is typically for 5 years with the possibility of the renewal, which may total in most countries, up to maximum of 15 years to 25 years. The minimum duration under TRIPS Agreement is 10 years. On the expiration of term of registration anyone can use the design.
In case of Industrial Design the owner may himself exploit the design or assign his rights or license them to others for a lump sum payment or on royalty basis.
Rights and Remedies against Infringement
In case of infringement the owner may obtain an injunction restraining the infringer from using the design and either damages or on account or profit.
CONDITIONS FOR REGISTRATION
Basic requirement of registration of Industrial designs are as follows:
a) It should be new, original and novel tions are there such as
•Display in exhibition
c) It is significantly distinguishable
d) Its use would not be contrary to public order or morality.
e) It does not comprise or contains scandalous or obscene matter
PROCEDURE FOR REGISTRATION
On application of the proprietor the Controller of Design, register the design provided the above said conditions are complied with. Controller before such registration refers the application for examination to Examiner as to whether such design is capable of being registered and considers the report of examiner.
The application is to be made in prescribed form and is to be accompanied with the prescribed fees. The application is made at Patent Office. A Design is to be registered in not more than one class. The controller may refuse to register any design, if he thinks fit. However, in such a case the aggrieved person may appeal to the High Court.
Public inspection & grant of Certificate
Controller after registration shall cause to publish the design and thereafter it become open to public inspection. The controller shall grant a certificate of registration to the proprietor of design when the design is registered.
Cancellation of Registration
A design may be cancelled at anytime after its registration, on any of the following grounds:
a) If the design has been previously registered in India.
b) If it has been published in India or in any other country prior to the date of the registration.
c) If the design is not new or original design.
d) If the design is not registrable under the above said act.
e) That it is not a design as defined under the Design Act 1911.
Industrial Design offers protection and benefits to the
Industrial design protection injects creativity into the industrial and manufacturing sector, contributes to the expansion of commercial activities and enhances the export potential of national products.