Industrial Design

Industrial Design

It refers to the ornamental or aesthetic aspects of product.

Consists of:

·      3D features such as shape

·      2D features such as ornamentation, pattern, lines or colour.

·      Combination of such features

ID is applied to

·      An article of manufacture

·      Article replicated by industrial means

Apple's Industrial Design evolution throughout the years | Source

Why protect ID?

·      It adds value to the product.

·      Makes it attractive and appealing

·      Can be its USP (unique selling point)

·      The owner has the exclusive right to prevent its unauthorized copying or imitation

·      Strengthens competitive position

·      Acts a s a business asset (can increase the value of the company)

·      Can be licensed (or sold) to others for a fee.

Registering ID encourages fair competition.

What can be registered as ID?

One or more of the following basic requirements are to be met:

1.     Design must be ‘new’

No identical design is available in the market.

2.     Design must be ‘original”: it must be independently created and not be a copy or modified version of something existing in the market.

3.     Design must have individual character: if overall impression produced by design on informed user differs from the impression of such user by an earlier design.

What all is not protected under ID?

1.     Design which is not

·      Original

·      New

·      Does not have individual character

2.     Designs that include official symbols or emblems

3.     Designs that contradict the public order or morality

4.     Sometimes handicrafts are excluded

Time taken for registration can be: anywhere from 6 to 12 moths depending on the country

Validity: At the least 10 years (10+5)

In the US: 14

European Union (EU): 25