industrial design right
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Industrial design right
From Wikipedia, the free encyclopedia
Intellectual property law
Primary rights
Copyright • Authors' rights • Related rights • Moral
rights •
Patent • Utility model •
Trademark • Geographical indication •
Trade secret
Sui generis rights
Database right • Indigenous intellectual
property •Industrial design right • Mask work • Plant
breeders' rights • Supplementary protection certificate
Related topics
Criticism • Orphan works • Public domain • more
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial
design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional
form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or
handicraft.
Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international
registration exists. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The
design will then be protected in as many member countries of the treaty as desired. Design rights started in theUnited Kingdom in 1787 with the
Designing and Printing of Linen Act and have expanded from there.
An industrial design right can be viewed as a sui generis intellectual property right similar to copyright.[1]
Contents
[hide]
• 1 Legislations
○ 1.1 Kenya
○ 1.2 India
○ 1.3 Canada
○ 1.4 Europe
1.4.1 United
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Kingdom
○ 1.5 Japan
○ 1.6 United States
○ 1.7 Australia
• 2 Bibliography
• 3 See also
• 4 References
• 5 External links
[edit]Legislations
[edit]Kenya
According to industrial property Act 2001, an industrial design is defined as "any composition of lines or colours or any three dimensional form whether
or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and
can serve as pattern for a product of industry or handicraft" .
An industrial design is registrable if it is new. An industrial design is deemed to be new if it has not been disclosed to the public, anywhere in the world,
by publication in tangible form or, in Kenya by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for
registration. However a disclosure of the industrial design is not taken into consideration if it occurred not earlier than twelve months before the filing
date or, where applicable, the priority date of the application and if it was by reason or in consequence of acts committed by the applicant or his
predecessor in title; or an evident abuse committed by a third party in relation to the applicant or his predecessor in title.
[edit]India
India's Design Act, 2000 was enacted to consolidate and amend the law relating to protection of design and to comply with the articles 25 and 26
of TRIPS agreement. The new act, (earlier Patent and Design Act, 1911 wasrepealed by this act) now defines "design" to mean only the features of
shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two or three dimensional, or in both forms,
by any industrial process or means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are
judged solely by the eye; but does not include any mode or principle of construction.[2]
[edit]Canada
Canada's industrial design act affords ten years of protection to industrial designs that are registered; there is no protection if the design is not
registered. The Industrial Design Act (R.S., c. I-8) defines "design" or "industrial design" to meanfeatures of shape, configuration, pattern or ornament
and any combination of those features that, in a finished article, appeal to and are judged solely by the eye.
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During the existence of an exclusive right, no person can "make, import for the purpose of trade or business, or sell, rent, or offer or expose for sale or
rent, any article in respect of which the design is registered." The rule also applies to kits and substantial differences are in reference to previously
published designs.
[edit]Europe
Main article: Industrial design rights in the European Union
Registered and unregistered Community designs are available which provide a unitary right covering the European Community. Protection for a
registered Community design is for up to 25 years, subject to the payment of renewal fees every five years. The unregistered Community design lasts
for three years after a design is made available to the public and infringement only occurs if the protected design has been copied.
[edit]United Kingdom
In addition to the design protection available under Community designs, UK law provides its own national registered design right and an unregistered
design right. The unregistered right, which exists automatically if the requirements are met can last for up to 15 years. The registered design right can
last up to 25 years subject to the payment of maintenance fees.
[edit]Japan
Article 1 of the Japanese Design Law states: "This law was designed to protect and utilize designs and to encourage creation of designs in order to
contribute to industrial development". The protection period in Japan is 15 years from the day of registration.
[edit]United States
U.S. design patents last fourteen years from the date of grant and cover the ornamental aspects of utilitarian objects. Objects that lack a use beyond
that conferred by their appearance or the information they convey, may be covered by copyrighta form of intellectual property of much longer
duration that exists as soon as a qualifying work is created. In some circumstances, rights may also be acquired in trade dress, but trade dress
protection is akin to trademark rights and requires that the design have source significance or "secondary meaning." It is useful only to prevent source
misrepresentations; trade dress protection cannot be used to prevent others from competing on the merits.
[edit]Australia
In Australia, design patent registration lasts for 5 years, with an option to be extended once for an additional 5 years. For the patent to be granted, a
formalities exam is needed. If infringement action is to be taken, the design needs to become certified which involves a substantive examination.[3]
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Australian Registered Design Procedure
http://en.wikipedia.org/wiki/Industrial_design_right
industrial Design RightsIndustrial design rights are defined as the part of the intellectual property rights which confers the rights of exclusivity to the
visual designs of objects which are generally not popular utilitarian. It safeguards the appearance, style, design of the
industrial object such as spare parts, textiles, furniture. According to the Industrial Design Society of America (IDSA),
"Industrial Design (ID) is the professional service of creating and developing concepts and specifications that optimize the
function, value and appearance of products and systems for the mutual benefit of both user and manufacturer." As these
designs consist of the aesthetic features therefore they do not provide any protection to the technical features of the article.
The origin of design rights can be traced back in the United Kingdom as 'Designing and Printing of Linen Act' (1787).
Designs are used in different products and across the various industries like medical, handicrafts, jewelry, electrical
appliances etc. It precludes of any trademark or artistic type of work. In India the ever first design related legislation was
enacted by the British Government and was popularly named as the Designs Act, 1911. The Hague Agreement in concern
to the international deposit of industrial designs, the WIPO administered treaty, the procedure of the international registration
has been laid down. The applicant intended to enjoy the industrial design rights can file the application with the WIPO or in
the national office of the nations which are member of the treaty. Due to the application filing with the WIPO, the designs will
be protected in various member nations of the treaty. If the right holder wants to protect its rights in multiple jurisdictions then
it is required to seek protection separately from each nation. India has still not accepted the Hague System for the
International Registration of Industrial Designs, which offers the industrial design owner the right of protecting its design
product in various countries on mere filling of the application with the international bureau of the WIPO.
Advantages of Industrial Design Rights
Industrial designs help in making any product or item more beautiful and appealing ,henceforth they help in increasing
commercial viability of product and increases its market potentiality. The industrial design registration helps in safeguarding
the ornamental or aesthetic elements of the article. Whenever an industrial design is being registered it gives an
exclusionary rights to owner against unauthorized use like copying or imitation by third party without his consent. This in
turns facilitate fair flow of investment. An effectual system also helps in benefiting public by encouraging fair and effective
competition and trading practices which at large bolster the creativity and the final result comes in the form of attractive and
beautiful products. Safeguarding of industrial designs help in the overall economic development which promote creativity in
the industrial arena.
Industrial Design Rights in India
In present scenario, the Designs Act, 2000 and the Designs Rules, 2001 are governing the India's design law. The industrial
design registration grants the proprietor the exclusionary rights of selling, importing and applying it to any product. India has
adopted the 'first to file' system, which means that the right holder should file the application on the earliest point of time to
rule out the possibility of any other person claiming for the rights of the intended designs. All such persons can apply for the
industrial design rights if they are the proprietor of the design and as far as the design is new, not previously published in
any nation, reproducible through the industrial means, not against to the public order, distinct from the known designs, not
consists of any obscene material, eye catching. According to the designs law in India, the proprietor can file for the design
application only if they have their business center in India otherwise they are required to file the application through the
attorney/agent who will in turns design search, prepare file and finally done the prosecution of the application. The applicant
or its assignee can also file the application directly with the filling of the requisite information. Applicants will be examined by
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the design offices for ascertaining the availability of the intended designs.
The applicant must respond to any objection within the period of 3 months and if he fails to comply with this time limit then
the application would be considered to be rejected. Therefore, on the basis of the responses of the objections filed by the
applicant, the Controller of Designs determines that whether the application should be accepted or canceled or should be
put up for the hearing. The registration of design is valid for the period of 10 years which can be extended further for 5 years
on the payment of renewable fees. One can transfer the rights of the industrial designs to other person or party with the help
of an assignment, transmission or license. Registered designs are kept to be open for public inspection only after theypublish in the office gazette by paying the prescribed fees.
There are some artistic work which is not possible to be registered as the design- a painting, a sculpture, a drawing
(including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic
quality, a work of architecture, any other work of artistic craftsmanship. In case of the piracy of the registered designs, then
the person who has contravene the copyright in the design would be held liable for the fine not exceeding to Rs.25,000 and
maximum to Rs.50,000. The registration of design can be canceled at any time after filing the cancellation petition with the
prescribed fees to the Controller of Designs.
http://www.indianindustry.com/intellectual-property-rights/industrial-design-rights.html
About industrial designs
An industrial design renders an object attractive or appealing, thus increasing its marketability and adding to itscommercial value.
The design may be three-dimensional based on the shape or surface of the object, or two-dimensional based on theobject’s patterns, lines or colours. Novelty, originality and visual appeal are essential if an industrial design is to bepatented, although these criteria can differ from one country to another. Its aesthetic features should not be imposed bythe technical functions of the product.
Legally, “industrial design” is the title granted by an official authority, generally the Patent Office, to protect the aestheticor ornamental aspect of an object. This protects solely the non-functional features of an industrial product and does notprotect any technical features of the object to which it is applied.
Industrial design rights are granted to the creator of designs to reward them for their effort and investment inmanufacturing the product. These rights enable the owner to make articles to which the design is applied or in which thedesign is embodied.
The holder of this legal title has the exclusive right to make, import or sell any objects to which thedesign is applied. They can authorise others to exploit the design and bring a legal action againstanyone using the design without authorisation.
In general the period of protection granted is from 10 to 25 years. This is often divided into termsand an extension of the term requires renewal of the registration.
Why protect an industrial design?
Consumers often take the visual appeal of a product into consideration when choosing betweendifferent products. This is especially true when the market offers a large variety of products withthe exact same function. As the aesthetic appeal of a product can determine the consumer’s choicean industrial design adds commercial value to a product.
Protecting an industrial design is also a reward for creativity and encourages economicdevelopment. Above all, it ensures protection against unauthorised copying or imitation of the design and can be relativelysimple and inexpensive to develop. An industrial design is not protected unless it has been published in an official bulletin.
Industrial design versus copyright
Objects meeting the requirements for protection under industrial design law can also be protected under copyright law. If adesign embodies elements or features which are protected by both industrial design laws and copyright laws then claimsunder both laws can be made. The creator can choose to be protected under only one of the laws but in this case they cannot then invoke the other law when making a claim.
CNES protected theAriane-4 launcher design in 1985
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Whereas an industrial design needs to be registered, in most countries copyright does not require registration. Copyrightprotection lasts longer than industrial design protection. However, the right conferred by registration of an industrialdesign is an absolute right in the sense that there is infringement even though the infringer acted independently or withoutknowledge of the registered design. In copyright law, the copyright should always be stated.
http://www.esa.int/esaMI/Intellectual_Property_Rights/SEMIKQL26WD_0.html
Industrial design
From Wikipedia, the free encyclopedia
An iPod, an industrially designed product.
KitchenAid 5 qt. Stand Mixer, designed in 1937 by Egmont Arens, remains very successful today
Industrial design is a combination of applied art and applied science, whereby
the aesthetics, ergonomics and usability of products may be improved for marketability and production. The role of an
industrial designer is to create and execute design solutions towards problems of form, usability, physical
ergonomics, marketing, brand development and sales.[1]
The term "industrial design" is often attributed to the designer Joseph Claude Sinel in 1919 (although he himself
denied it in later interviews) but the discipline predates that by at least a decade. Its origins lay in the industrialization
of consumer products. For instance the Deutscher Werkbund, founded in 1907 and a precursor to the Bauhaus, was
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a state-sponsored effort to integrate traditional crafts and industrial mass-production techniques, to put Germany on a
competitive footing with England and the United States.
Contents
[hide]
• 1 Definition of industrial
design
○ 1.1 General
○ 1.2 In Depth
• 2 Process of design
• 3 Industrial design rights
• 4 Notable industrial
designers
• 5 See also
• 6 Notes
• 7 References
• 8 External links
[edit]Definition of industrial design
Western Electric model 302 Telephone, found almost universally in the United States from 1937 until the introduction of touch-tone dialing,
as the Family's life was extended into the 1960s[2]
[edit]General
Industrial designers are basically conceptual engineers. The objective of this area is to study both function and form,
and the connection between product and the user - product as it happens in any other architecture area, being the
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only difference, that here the professionals that participate in the process are all specialized in small scale design,
rather than in other massive colossal equipments like buildings or ships. Architects do not design the gears or motors
that make machines move, or the circuits that control the movement (that task is usually attributed to engineers), but
they can effect technical aspects through usability design and form relationships. And usually, they partner a whole of
other professionals like marketers, to identify and fulfill needs, wants and expectations.
[edit]In Depth
"Industrial Design (ID) is the professional service of creating and developing concepts and specifications that
optimize the function, value and appearance of products and systems for the mutual benefit of both user and
manufacturer" [3].
Design, itself, is often difficult to define to non-designers because the meaning accepted by the design community is
not one made of words. Instead, the definition is created as a result of acquiring a critical framework for the analysis
and creation of artifacts. One of the many accepted (but intentionally unspecific) definitions of design originates
from Carnegie Mellon's School of Design, "Design is the process of taking something from its existing state and
moving it to a preferred state." [4] This applies to new artifacts, whose existing state is undefined, and previously
created artifacts, whose state stands to be improved.
According to the Chartered Society of Designers, design is a force that delivers innovation that in turn has exploited
creativity [5]. Their design framework known as the Design Genetic Matrix determines a set of competences in 4 key
genes that are identified to define the make up of designers and communicate to a wide audience what they do.
Within these genes the designer demonstrates the core competences of a designer and specific competences
determine the designer as an 'industrial designer'. This is normally within the context of delivering innovation in the
form of a three dimensional product that is produced in quantity. However the definition also extends to products that
have been produced using an industrial process.
According to the ICSID (International Council of Societies of Industrial Design), "Design is a creative activity whose
aim is to establish the multi-faceted qualities of objects, processes, services and their systems in whole life-cycles.
Therefore, design is the central factor of innovative humanization of technologies and the crucial factor of cultural and
economic exchange."[6]
It is critical to the product development process that the industrial design and engineering aspects of a product are
considered simultaneously. This can occur via two methods. The most streamlined method is for the product designer
to have an education and/or background that encompasses both industrial design and engineering. Unfortunately,
there are very few educational establishments (especially in the United States) that embrace this educational
ideology. A survey of engineering and industrial design curricula clearly demonstrates this fault. The other method,
which is utilized by most U.S. companies, is to employ or contract with separate teams that focus somewhat
independently, with occasional meetings to ensure the primary goals of each team are met or exceeded. The difficulty
with the latter process is that there is sometimes a vast disconnect behind the skills, education, and understanding of
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the two groups. This disconnect can sometimes become extremely cumbersome to the design process, and possibly
fatal to the ultimate success of the product.
[edit]Process of design
A Fender Stratocaster with sunburst finish, one of the most widely recognized electric guitars in the world.
Model 1300 Volkswagen Beetle
Although the process of design may be considered 'creative', many analytical processes also take place. In fact,
many industrial designers often use various design methodologies in their creative process. Some of the processes
that are commonly used are user research, sketching, comparative product research, model making, prototyping and
testing. These processes can be chronological, or as best defined by the designers and/or other team members.
Industrial designers often utilize 3D software, computer-aided industrial design and CAD programs to move from
concept to production. Product characteristics specified by the industrial designer may include the overall form of the
object, the location of details with respect to one another, colors, texture, sounds, and aspects concerning the use of
the product ergonomics. Additionally the industrial designer may specify aspects concerning the production
process, choice of materials and the way the product is presented to the consumer at the point of sale. The use of
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industrial designers in a product development process may lead to added values by improved usability, lowered
production costs and more appealing products. However, some classic industrial designs are considered as
much works of art as works of engineering: the iPod, the Jeep, the Fender Stratocaster , the Coke bottle, and the VW
Beetle are frequently cited examples.
Industrial design also has a focus on technical concepts, products and processes. In addition to
considering aesthetics, usability, and ergonomics, it can also encompass the engineering of objects, usefulness as
well as usability, market placement, and other concerns such as seduction, psychology, desire, and the emotional
attachment of the user to the object. These values and accompanying aspects on which industrial design is based
can vary, both between different schools of thought and among practicing designers.
Product design and industrial design can overlap into the fields of user interface design, information
design and interaction design. Various schools of industrial design and/or product design may specialize in one of
these aspects, ranging from pure art colleges (product styling) to mixed programs of engineering and design, to
related disciplines like exhibit design and interior design, to schools where aesthetic design is almost completely
subordinated to concerns of function and ergonomics of use (the so-called functionalist school).[7]
Also used to describe a technically competent product designer or industrial designer is the term Industrial Design
Engineer . The Cyclone vacuum cleaner inventor James Dyson for example could be considered to be in this
category[A].
[edit]Industrial design rights
Main article: Industrial design rights
Industrial design rights are intellectual property rights that make exclusive the visual design of objects that are not
purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or
color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design
can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Under
theHague Agreement Concerning the International Deposit of Industrial Designs , a WIPO-administered treaty, a
procedure for an international registration exists. An applicant can file for a single international deposit with WIPO or
with the national office in a country party to the treaty. The design will then be protected in as many member
countries of the treaty as desired.
[edit]Notable industrial designers
A number of industrial designers have made such a significant impact on culture and daily life that they have attained
a level of notability beyond that of an average designer. Alvar Aalto, renowned as anarchitect, also designed a
significant number of household items, such as chairs, stools, lamps, a tea-cart, and vases. Raymond Loewy was a
prolific American designer who is responsible for theRoyal Dutch Shell corporate logo, the original BP logo (in use
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until 2000), the PRR S1 steam locomotive, the Studebaker Starlight (including the later iconic bulletnose), as well
as Schick electric razors, Electrolux refrigerators, short-wave radios, Le Creuset French ovens, and a complete line of
modern furniture, among many other items. Richard A. Teague, who spent most of his career with theAmerican Motor
Company, originated the concept of using interchangeable body panels so as to create a wide array of different
vehicles using the same stampings. He was responsible for such unique automotive designs as
the Pacer , Gremlin, Matador coupe, Jeep Cherokee, and the complete interior of the Eagle Premier . Charles and Ray
Eames were most famous for their unique furniture design, such as the Eames Lounge Chair Wood and Eames
Lounge Chair .
Another example is German industrial designer Dieter Rams, who is closely associated with the consumer products
company Braun (where he worked until 1995) and the Functionalist school of industrial design. He is famous for his
"ten principles to good design", in addition to designing many iconic products at Braun. More recently, Jonathan Ive ,
the Senior Vice President of Design at Apple Inc., is credited for designing products for the company, which has a
strong philosophy in aesthetics. His designs include the iPod and iPhone.
http://en.wikipedia.org/wiki/Industrial_design
Industrial Design RightsHome - Intellectual Property Rights - Industrial Design Rights
Industrial Design Rights refer to the exclusive rights for the protection of the objects� visual designs. Appearance, design of
objects such as furniture, spare parts, textile, etc, are safeguarded by means of this right. The applicant has to file the
application for industrial design rights with WIPO. As soon as the application is filed, the designs come under the protection
shield in member nations that the treaty comprises of.
Advantages
The commercial viability of a product and its market potential lies at the hands of industrial designs which enhance the
beauty and the aesthetic appeal of the objects. The same is safeguarded by the Industrial Design Rights. The exclusionary
rights to the owner facilitate a fair investment flow, a fair competition and trade practice. At the same time, these rights lead
to the promotion of creativity and thereby it boosts the economic development.
Industrial Design Rights in India
India's design law is governed by the following acts in the current scenario :
1. Designs Act, 2000
2. Designs Rules, 2001
Industrial design registration permits the proprietor exclusionary selling and importing rights and rights to apply it to the
product. The following conditions should be fulfilled by the person claiming for these rights :
1. The filing of the application has to be done in a proper manner and the authentic holder should claim for the rights so
that no other person can claim for the same.
2. The design that the person claims for should be original, devoid of any obscene content, distinct from the other known
designs, not impeaching the public order and reproducible by industrial means.
3. Only those proprietors can file for a design who have established their business centre in India
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4. The requisite information should be provided in proper format and should be authentic
5. Proper examination of the applicants will be done by the renowned offices of design so that the availability of the
designs is assured.
6. Any objection must be responded within 3 months of intimation failing which the application will be liable to be rejected.
7. Controller of Designs, based on the responses to the objections decides upon the acceptance or rejection of the
application
8. The validity of design registration is 10 years which is extended to 5 years on renewal
9. The proprietor can pass the rights to other party or person through transmission, licence and agreement.
10. Public inspection of the designs is possible only after its publication in office gazette
11. There are some artistic works which are not possible for registration
12. Penalty for contravening the copyright of the design may range between Rs. 25,000 to Rs. 50,000.
13. Cancellation of design is decided by the Controller of Designs which can be cancelled by paying the prescribed
amount of fees with the cancellation petition form.
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