How Can You Protect Your Industrial Design In India?

Blog Industrial Design Intellectual Property Rights October 17, 2019

Posted On October 17, 2019October 18, 2019

In our day-to-day life, we come across various objects that are recognized by their designs. Products that are artistically designed can grab the attention of the viewers the moment they see them. To get these kinds of eye-catchy designs, you may need to invest thousands in hiring professional designers or getting blueprints. Obviously, you wouldn’t want anyone else to come up with the same or similar design for which you have paid a remarkable amount. If it is so, then this article is noticeably beneficial for you. Here, you will get aware of Industrial Product Design protection, the best way to safeguard your designs legally.

Industrial design protection applies to the shape, configuration, color, line, or surface pattern, which either increases aesthetics or improves the visual appearance of the design. As per the Design Act, 2000 of Indian Intellectual Property Law, industrial design protection provides the exclusive rights to create and use the articles, including the protected design only to the selected people. The Intellectual Property Rights (IPRs) that this protection provides to the owner rest with him/her for ten (10) years. However, if the owner wants, they can be renewed for an additional period of 5 years. To obtain protection for your design in India, you need to get it registered in this specific country.

What Pre-requisites Does a Design Need to Qualify for Protection?

To get protection under IP Law of India, a design should be:

Non-obvious,
Related to shape, pattern, configuration, or ornamentation of any product,
Novel and original, i.e., not published or used anywhere before the date of application for registration,
Non-contrary to the morality or order, that is, it must not hurt the sentiments of anyone.

How to Attain Industrial Design Protection?

The procedure to obtain design protection is simple. In India, all designs are categorized into different classes according to the Locarno Classification. It is a classification established in 1968 by the Locarno Agreement for the registration of industrial designs and models. The procedure to get the design protection starts from the step of applying for the same before the Design registry. It is advisable to do the application filing after recognizing the class to which the design in question pertains. In general, the design office provides two options, i.e., paper filing and online filing. The application to be submitted to the office should include the design for which you want protection, along with classification code and description associated with the design. Once your application is received, the office will make it undergo examination followed by issuing objections, which may result due to lack of any essential requirement or something inappropriate. Here, you need to rectify the application based on the mentioned objections and then respond to the office within three months. Now, if the design application succeeds in meeting all the requirements, protection will be granted. Once granted successfully, the right to enjoy the exclusivity remains with you as an owner for the period mentioned above.

Why is Obtaining Industrial Design Protection Crucial?

The outer appearance of a product is something that a viewer sees before anything else. Being visually attractive and appealing, it can act as a value-adding aspect, which in turn could increase the marketability of the product. In many cases, the outer appearance/design itself becomes the identity of a brand, for example – the contours of the iPhone/iPad/iPod, Coca Cola’s contour bottle, and the shape of the Volkswagen Beetle. It is the reason why designs that influence the outer appearance of a product need to be protected to prevent others from taking advantage of original owners’ unique creation in this world of heavy competition.

Protecting a design means prohibiting counterfeit products appearing similar to original ones from destroying the relevant brand’s efficacy and safety. When it comes to overall development, the protection for unique industrial designs encourages creativity in the manufacturing and industrial sectors, which results in an increase in commercial activities. Indeed, the increase in such activities will ultimately profit the entire nation by enhancing the overall economy.

Bottom Line

As per the perspective of the old saying ‘the first impression is the last impression,’ the design and visual appeal of any product are very significant in the present era of creativity, aesthetics, and presentation. The design of a product not just makes the first impression but also explores its functionality amongst the users. Consequently, the ability to design a productive appearance is a talent in itself. So why not secure your efforts and creativity when even the IP Lawyers, government, and IP administrators are suggesting the nation to do so. The time and money you invest in coming up with such a creation are valuable. Hence, think beyond your creation’s functionality and look, i.e., don’t allow others to make profits on it as it is your IP, and you have all the rights to keep the advantages only to you. For more visit: https://www.kashishipr.com/