INDUSTRIAL DESIGN AND ITS PIRACY

Industrial Design and its Piracy
RV College of
Engineering
Go, change the world
Presentation by:
1. Shahid Bashir Malik (1RV19CV410)

 Inventions and innovations are intellectual creations
that may have economic value when put in the
market.
 Economic value may amongst other things depend
on the look , reputation and good will of the product
that may be protected, captured and further
developed using IP tools.
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Engineering
INTRODUCTION;

 “When companies are
competing at equal prices and
functionality
 Design is the only differential
that matters”
 -mark dziersk
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Engineering

 It is a new or original idea in relation to the
features of shape, configuration, Pattern,
Omament, Composition of lines or colours or
combination thereof applied to any article by
an industrial process
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What is industrial design:

 It signifies something solid (in three
dimensions) where an idea is incorporated into
the article
 Example - feeding bottle
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Shape and configuration:

 It relates to something two dimensional
Example- engraving on metal or like
ornamentation on carpet by various geometric
figures combination of color etc.
 Mere painting of natural scenes or like on plain
paper- is not an industrial design
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Engineering
Pattern and ornament:

Business (Idea) point of view:
 Make your product appealing to
consumers Customize products in
order to target different customers
(e.g. Swatch)
 Develop the brand (e.g. Apple's <<
Think Different » strategy; i Pod)
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Engineering
INDUSTRIAL DESIGN

 Department of IP &P covers
 The Patents Act, 1970 (as amended in 2005) –
 The Patents Rules, 2003 (as amended in 2006)
 The Designs Act, 2000*
 The Designs Rules, 2001 (as amended in 2008)
 The Trade Marks Act 1999 –
 The Trade Marks Rules 2002
 The Geographical Indications of Goods (Registration & Protection)
Act, 1999
 The Geographical Indications of Goods (Registration & Protection)
Rules, 2002,
 Department of Education covers The Copyrights Act 1957 (amended
in 1999)
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Engineering
LEGISLATIVE FRAMEWORK OF IP:

 Definitions Sec 2(d)
 Design Means only features of shape,
configuration, pattern, ornament or compositions
of lines or colors applied to any article whether in
two or three dimensional or both by any industrial
process or means whether manual, mechanical or
chemical, separate or combined,........
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Engineering
The Design Act, 2000:

 Definitions Sec 2(d)
 ... which in the finished article appeal to and
judged solely by eye but does not include any
mode or principle of construction and does not
include any Trade Mark or Property Mark and
Artistic work as defined in clause (c) of section 2
of the Copyright Act 1957.
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Engineering

 Definitions Sec 2(a)
 Means any article of manufacture and or partly
any substance, artificial artificial and partly
natural and includes any part of article capable of
being made and sold separately
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Engineering

 Exclusive right to apply design to the article in
the class in which design is registered.
 Better protection and can sue for piracy of
design.
 Licensing of design as legal property for
consideration or royalty..
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Benefits of Registration:

 Scope of definition of terms 'Article' & 'Design'
enlarged
 Addition of definition of the term 'Original‘
 Introduction of delegation of powers to
Examiners & other Officers by Controller
 Codification of non-registerable Designs
 Substitution of classification system (Locarno
classification)
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Design act, 2000- silent features:

 Removal of secrecy period of two years for a
registered Design
 Public inspection available after notification
 Rights of Registered Proprietor definedProvision
of Restoration of Lapsed Design
 Electronic Register of Design
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Engineering

 Initial term of protection for 10 years, extendable
by 5 years on request
 Provision for preferring Appeal on the
Controller's order before High Court
 Substitution of Applicants before registration of
design
 Additional grounds for Cancellation of design
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 Registration of assignments/transfer of right
made mandatory
 Penalty for piracy of registered design enhanced
 Inclusion of Paris Convention Countries apart
from Commonwealth Countries for priority
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 Sec. 4 A
 design which (a) is not new or original;
 Or (b) has been disclosed to the public any where in
India or in any other country by publication in tangible
form or by use or in any other way prior to the filing date,
or where applicable, the priority date of the application
for registration; ……………
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Prohibation of registration of certain designs:

 …………or (c) is not significantly distinguishable
from,known designs or combination of known designs;
 or (d) comprises or contains scandalous or obscene
matter
shall not be registered
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Prohibation of registration of certain designs:

 A Design should Be New or Original
 Be Distinguishable from known designs
 Be applied to an article
 Not be disclosed to public in any form
 Appeal to eye
 Not comprise of obscene matter
 Not be contrary to public order or morality
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Requirement for Registration:

 Novelty is judged solely by eye w.r.t. external
appearance of the finished article
 Neither constructional details nor utility of article are
relevant for registration
 Novelty may reside in its application to article
 Absolute novelty- i.e. Not publicly known or used in India
or elsewhere.
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New or orginal:

 In relation to design means:
 originating from the author of such design and
includes the cases which though old in themselves
yet are new in their application [sec 2(g)]
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Orginal:

 When design to applied to the inner portion of the article not visible or noticeable in
finished article.
 Principle or mode of construction of the article
 Building and structures
 Sole functional features
 Part of an article not sold separately
 Variation commonly used in trade
 Stamps, Labels, Tokens, Medals, Trade Marks, Property Marks, Cards, Cartoons.▸ Mere
change in size.
 Designs contrary to public order or morality or scandalous> Computer chip, Integrated
circuit designs
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What is not Registrable:

 The following articles are not registrable
 Calendar, certificates, forms, greeting cards, leaflets, maps, building
plan, medals
 Mere mechanical contrivance
 Basic shape, variations commonly used in the trade
 Mere workshop alteration
 Flags, emblems, or signs of any country, computer icons
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What is not Registrable:

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 Shape & Configuration signify something solid where an idea has been
incorporated into the article.
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Example with a toothbrush
:

 Pattern or ornament or composition of colour / lines relates to
something two dimensional.
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Example with a toothbrush contd..

 When a figure, showing the feature of the design of an article, is drawn
on a paper it will be regarded as if design has been applied to the
article sought to be registered.
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Engineering

 A new shape applied to toothbrush which produces a new visual
appearance on the article.
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Engineering

 Design means a conception or suggestion or idea of a shape or pattern
which can be applied to an article by industrial process or means.
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 Any mode or principle of construction or operation
or anything which is in substance a mere
mechanical device, would not be registerable
design.
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Engineering

 The features of the design in the finished article should appeal to and are
judged solely by the eye.
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 The design should be applied or applicable to any article by any industrial
process.
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 Designs of artistic nature like paintings, sculptures and the like which are
not produced in bulk by any industrial process are excluded from
registration under the Act.
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Piracy of registered design in india

 Relevant sections on Piracy of registered design or infringement of
copyright in registered designs and remedies available against the same in
India.
 The copyright in the design subsists for ten years from the date of
registration, which can be extended for a further period of five years.
 Renewal Cost in India INR2000/
 The proprietor of the design gets exclusive right to apply the design to the
article in a class in which the design is registered
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Piracy of registered design in india.

 Section 22 of the Design Act, 2000 enumerates the following acts as piracy of registered design.
 That during the existence of copyright in any design, it shall not be lawful for any person:
 for the purpose of sale to apply or cause to be applied to any article in any class of articles in
which the design is registered the design or any fraudulent or obvious imitation thereof, or to do
anything with a view to enable the design to be so applied,
 to import such article for the purposes of sale
 to publish or expose or cause to be published or exposed for sale, that article.
 It is pertinent to note here that under the aforesaid circumstances a registered proprietor can
institute a suit for injunction as well as recovery of damages against any person engaged in
piracy of the registered design. Such legal proceedings can be instituted from the date of
registration of design in India and till the expiry of copyright.
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Piracy of registered design - legal provisions

 Registered proprietor can institute a suit in a Court not below the District Court, for
injunction and/or recovery of damages against any person engaged in the piracy of
the registered design
 Mainly two alternative remedies are available against the piracy of registered
design under Section 22(2) (a) and (b) of Indian Designs Act
 1. Person involved in piracy is liable to pay the registered proprietor of the design
a sum not exceeding Rs 25.000 for every contravention recoverable as a contract
debit However the total sum recoverable in respect of any one design should not
exceed Rs. 50,000
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Remedies against Piracy of registered design in India

 2. Proprietor may bring a suit for the recovery of damages for any such
contravention and for an injunction against the repetition inch succeeds he will be
entitled to recover such damages as may be awarded by the court and restrain the
defendant in terms the ninction anted by the court.
 No suit or proceeding can be instituted in respect of piracy of the design wherein
such plats has been committed design ceased to have effect and the date of
restoration of the design
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Remedies against Piracy of registered design in India

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Case study

 This is given here to illustrate how infringement matters related to designs are handled in courts. This is
an example from a decision in the Indian High court. Reckitt & Coleman (RCI) vs. Renkit Industries (RIL)
 RCI filed a case in the Kolkata High Court in India against RIL on the grounds of infringement of their
design registered ‘harpic’ bottle. The principal basis of the allegation was the inclined nozzle besides
allegation of passing off
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Case 1

 The defendant RIL argued that the nozzle angle is solely dictated by function and
hence is not a subject matter for a design registration. Moreover other competing
products in the market also have same/similar angle of the inclined nozzel.
 The court refused injunction.
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case

 An example of effective use of a combination of IPR tools by an entrepreneur Mr. Momofuku ANDO in the
case of his cup noodles in Japan. This is depicted in the figure below:
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Case 2

 Making a very modest beginning, Mr ANDO was able to create a profitable global business of his
invention. It may be noted that he effectively used various tools of IPR including design
registration to protect his business interest in various parts of the world in a planned manner.
 In conclusion it may be appreciate that design registration is a very cost effective and powerful
tool that can be exploited for the benefit of an enterprise to create and retain its competitive
position in the market place
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Case 2

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Staticial analysis

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Annual growth rate of industrial design registrations worldwide from 2005 to 2019

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Engineering
Annual growth rate of industrial design registrations worldwide from1998 to 2019

RV College of
Engineering
Annual growth rate of industrial design registrations India from1980 to 2019
1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
No of applications 937 1096 1115 1142 1095 1195 1201 1195 995 903 1065 1042 1281 1514 1613 1770 2192 2594 2470 2708 2810 2591 2816 3093 3407 3584 3873 4308 4267 4416 5156 5100 5182 6168 6829 6753 7534 8928 9381
937
1096 1115
0
1142 1095
1195 1201 1195
995
903
1065 1042
1281
1514
1613
1770
2192
2594
2470
2708
2810
2591
2816
3093
3407
3584
3873
4308 4267
4416
5156 5100 5182
6168
6829 6753
7534
8928
9381
-2000
0
2000
4000
6000
8000
10000
No of applications

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NO. OF REGISTRATIONS WORLD WIDE TOP 20
China Korea Germany Turkey Italy Japan
United
Kingdom
United States Spain Iran France India Ukraine Thailand Morocco Russia Brazil Switzerland Australia Indonesia
NO OF APPLICATIONS 689,097.00 60,075.00 38,815.00 35,461.00 34,812.00 23,459.00 22,904.00 22,824.00 18,219.00 14,610.00 11,661.00 8,928.00 5,261.00 4,044.00 3,879.00 3,822.00 3,696.00 3,446.00 3,095.00 2,432.00
689,097.00
60,075.00
38,815.00 35,461.00 34,812.00
23,459.00 22,904.00 22,824.00 18,219.00 14,610.00 11,661.00 8,928.00 5,261.00 4,044.00 3,879.00 3,822.00 3,696.00 3,446.00 3,095.00 2,432.00
0.00
100,000.00
200,000.00
300,000.00
400,000.00
500,000.00
600,000.00
700,000.00
800,000.00
NO OF APPLICATIONS
NO OF APPLICATIONS

RV College of
Engineering
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INDUSTRIAL DESIGN AND ITS PIRACY

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