Industrial Design

1. Industrial Design (IPR)
By
Eknath T. Bayas
Asst. Prof. Mechanical Department
Amrutvahini College of Engineering
Sangamner-422608
eknath.bayas@avcoe.org
8275898659
©
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Fifteen years ago, Companies:
Competed on : Price
Today it’s : Quality
Tomorrow it’s : Designs
When companies are competing at equal price &
functionality Design is the only differential that matters”
– Mark Dziersk,
quoted in TIME Magazine

3. What is Design?
• Design means only the shape, configuration, pattern,
ornament or composition of lines or colors applied to
every article.
• The article may be in two or three dimensional or both
form.
• The application of design to the article can be any
industrial process or means.
• The industrial process or means may be manual ,
mechanical or chemical , may be applied separately or
combined together.
• the shape, configuration, pattern, ornament or
composition of lines or colors in the finished article,
appeals to the eye only and judged solely by eyes.
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4. Understanding Industrial Design
.
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• An industrial Design is that aspect of a useful article
which is ornamental or aesthetic.
• It may consists of 3Dimensional features such as the
shape or surface or article or 2Dimensional features
such as patterns , lines or colors.
• Industrial designs applied to wide variety of products of
industry or handicraft: from watches, jewellery, fashion
and other luxury items, to industrial & medical
implements : from house ware , furniture and electrical
appliances to vehicles & architectural structures ; from
practical goods & textile designs to leisure items such as
toys and pet accessories.

5. Evolution of Industrial Design
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• The evolution process of Industrial Design is
closely correlated with industrial growth and
output.
• Historically, German leadership in creating
industrial design as a profession is well
appreciated.
• The united states’ leadership in industrial
design was established after the world war II.

6. Acquisition of rights
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• The creator is entitled to invoke the protection
of either or both , the copyright law or the
industrial design law. Therefore, if he has
failed to obtain the protection of the industrial
design law by failing to register his design, he
can claim the protection of copyright law.

7. Difference between copyright law and
Industrial Design law
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Copyright Law Industrial Design Law
Copyright in most of countries subsists
without formalities –Registration is not
necessary
Protection is lost unless the industrial
design is registered by applicant before
publication or public use anywhere or at
least in the country where protection is
claimed
Copyright is granted for a period for the
life of author and fifty years after his/her
death in most of countries
Industrial design rights are generally
granted for a shorter period say three,
five ,ten, or fifteen years
Infringement only in the reproduction of
the work in which copyright subsists.
Infringement whether or not there has
been deliberate copying. There is
infringement even though the infringer
acted independently and without
knowledge of the registered design

8. Examples of industrial Designs
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10. Examples of Two Dimensional Designs
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11. Why protect Industrial Designs ?
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Benefits
of
Industrial
Design
Protection
Fair Return on
Investment
Fair Competition and
Honest Trade Practice
More Astatically
Diversified Products

12. • As a general rule, in order to be registered , the
design must be “New” or “Original”.
• An industrial design must be capable of being
reproduced by industrial means (Industrial
Application).
• Also it must be possible to apply an industrial design
to an article which may be either two or three
dimensional.
Criteria for Registration of Industrial Design
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Novelty Originality
Industrial
Application

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Protection for industrial designs
• Protection for industrial designs that are new
or original
• Design are feature of shape, configuration,
pattern or ornament
• The design must be applied to an article
• The design must be applied by an industrial
process.
• Appeal to the eye.

14. What Cannot Be Protected by Industrial Design
Rights ?
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• Designs that do not meet the requirements of
novelty , originality and /or individual character.
• Designs that are considered to be dictated
exclusively by the technical function of a product ;
such technical or functional design features may be
protected depending on facts of each case , by
other IP rights (e.g. patents , trade secrets)
• Designs incorporating protected official symbols or
emblems (such as national flags )
• Designs which are considered to be contrary to
public order or morality

15. • Designs of stamps, labels, tokens, cards,
cartoons, or parts of an article not sold
separately, cannot be registered.
• The protection you receive is only for the
appearance of the article and not how it
works.
• Design registration is intended to protect
designs which have an industrial or
commercial use.
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16. Self Assessment Question
Observe the figure Answer the following question
The shape of the pen is very novel
and original – can it be protected
under industrial design law ?
The same pen has a nib which
facilitates faster flow of ink through
capillary. Can this functionality be
protected under industrial design
law ? If not what type of protection
is possible
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17. Examples of Industrial Designs Protected through IPR
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18. Practical example
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• The Known shape of “Taj Mahal” When applied
to a pen holder the same registrable. However, if
the design for which application is made does not
involve any real mental activity for conception,
then registration may not be considered

19. DESIGNS ACT 2000
(Came In To Force On 11-05-2001)
• Applied to any article of manufacture in two
dimension or three dimension or in both form
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20. Duration of Industrial Design in India
• Duration of protection is initially for 10 years
and extendable for another term of 5 years.
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Reference
 IGNOU PGDIPR Study material
 https://patentscope.wipo.int
 http://www.ipindia.nic.in