Industrial Designs

Design, in the view of patent law, is that characteristic of a physical substance which, by means of lines, images, configuration, etc., casts an impression of uniqueness and character in the mind of the observer. Design is thus a conception, suggestion or idea of a shape and not an article. Under TRIPS, the original designs relating to features of shape or configuration of an article are protected. This protection covers whole or part of a product’s appearance to the eyes, resulting from the features, lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation. This protection does not cover the working or operations of the products. The main objective is to protect novel designs made with the object of applying to particular articles to be manufactured and marketed commercially. It is chiefly meant to prevent other manufacturers from using or reproducing the protected design.

In India, protection to product designs and appearance is covered under Design Act, 2000. To be protected, the design must primarily be aesthetic and the owner on registration is assured an exclusive right against unauthorized copying or imitation of the design by third parties. The Indian Act grants protection for 10 years for a registered design.


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