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
view-source: https://www.kashishipr.com/blog/how-can-you-protect-your-industrial-design-in-india/
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