Protection of Industrial Designs in India
Industrial Design Protection is meant for fortifying the distinct and unique characteristics of surface pattern, shape or colour combination which, when applied to a functional article (two- dimensional, or three dimensional), enhances aesthetics and refines the visual appearance of the design. In India, the Design Act, 2000, regulates the mechanism of the industrial design registration. A registered industrial design is valid for the period of 15 years from the registration date, and with its first renewal in 10 years and subsequent renewal in every 5th year.
As per the Design Act of 2000, the following are pre-requisites to qualify for the protection of Industrial Design:
- It should be novel and original.
- It should be applied to a functional article.
- It should be clearly visible in a finished article.
- It should be non-obvious.
- It shouldn’t be prior to registration or disclosure of the design.
Ways For Obtaining The Industrial Design Protection In India
In India, the mechanism for the registration of the industrial design is quite simple. A person can submit an application at the Design Office either through the paper filing options or via online filing option. All designs are classified as per the Locarno Classification for industrial designs, and filing is done as per the class that pertains to the design in question. The application is filed along with the industrial design, classification code and design description.
Once the application is submitted, it undergoes a comprehensive evaluation to determine whether the design can be registered or not. If there is any discrepancy, then the Design Officer can issue a statement of objection to the applicant, and he must respond within the 3 months from the receipt date. The application for the protection of industrial product design is nullified if the applicant fails to reply to objections raised within the stipulated time framework.
However, if the applicant responds effectively to the statement of objection, the concerned officer can ascertain if the application should be accepted, rejected or to put on hold for further hearing. If the application is accepted, it is processed ahead to complete other requisite details for registration. Once the registration is complete, the applicant needs to publish the application particulars, along with the representation article in the Official Gazette. After the registration is granted, the industrial design becomes exclusive to the IP owner if there is no objection raised from any third party source.
Difference Between Patent Protection And Industrial Design Protection
Many times, people get confused about which type of protection to opt for between industrial designs and patents. So here’s a comprehensive difference between patents and industrial designs:
|WHAT CAN BE PROTECTED?
|Any technical enhancement, which is unique and distinct.
|Novel ornamentation or visual appearance of any product of use.
|DURATION AND PROTECTION REGION
|Valid for the 20 years in the country of filing, and cannot be extended over 20 years.
|Valid for 15 years in the country of filing, with its first renewal in 10 years and subsequent renewal in every 5th year.
|MAINTENANCE OF THE IP RIGHTS
|The annual fee for the duration of 20 years.
|If applying for an extension, the fee is required after the duration of 10 years for renewing.
|WHEN TO APPLY||Before the launch of the product in the market.||Before launching them in the market.
Importance Of Protecting Industrial Design In The Present Era
In the current era of creativity, aesthetics, presentation, and visual appearance of any product is indispensable, as it makes the product more captivating and alluring. This not only acts as a value addition aspect but also accelerates the marketability of the product. This leads to the need for fortifying the product from the third party, in order to forbid them to take undue advantage of your IP right. There are ample cases where design itself becomes the identity of the brand and product.
Industrial Design Protection also stimulates creativity, which leads to the growth in the manufacturing and industrial sectors. So protect your novel creations and efforts, without allowing any third person to use it. For more visit: https://www.kashishipr.com/