WHAT IS INDUSTRIAL DESIGN?
“Design” means some shape, configuration, pattern or ornament or composition of lines or colors applied to such article whether 2D or 3D 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 judged solely by an eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any Trade or Property mark or artistic work.
Conditions for Registration of Industrial Design:
A design can be registered only when it is new or original and not previously published in India.
- No Prior Publication:-
Design must not be previously published in India. e.g. display of a design on a skirt of a model in a fashion show constitutes publication disclosure even to one person constitutes publication
- Design must be applied to a particular article:-
A design must be incorporated in the article itself as in the case of shape or configuration which is 3D (e.g. shape of a bottle or flower vase) or 2D (design on bed sheet, wallpaper).
- Visual Appeal:-
Design must appeal to and judged solely by an eye. Visual appeal of an article must be to the eye of the consumer.
Piracy of a Registered Design
Without the consent or license of the registered proprietor of design, any of the following acts amount to piracy-
- To publish or expose for sale any article on which either the design or any fraudulent or obvious imitation has been applied;
- To either apply or cause to apply the registered design to any class of goods covered by registration;
- To import for sale any article belonging to the class in which the design has been registered.
Duration of Design Rights
In India the maximum validity of a registration under the (Indian) Designs Act, 2000 can be 15 years.
Our Services related to Industrial Design are:
- Drafting of Application and Registration of Industrial Design