Industrial Design Protection in India

Industrial Design Protection in India

Industrial Design Protection is provided for the features or characteristics of shape, configuration, surface pattern, or combination of lines or colors, which, when applied to a functional article, either a two-dimensional or a three-dimensional article produces or increases aesthetics, and improves the visual appearance of the design. In India, The Design Act, 2000 governs and deals with the mechanism of registration of Industrial Designs. Once the Industrial Design is registered, it lasts for a period of 15 years from the date of registration with the first renewal due in the 10th year, and subsequent renewal in every 5th year.

In India, as per the Design Act, 2000, the pre-requisites which any article should meet to qualify for Industrial Design Protection are as follows:

  1. The design should be novel and original.
  2. The design should be applicable to a functional article.
  3. The design should be visible on a finished article.
  4. The design should be non-obvious
  5. There shouldn’t be any prior publication or disclosure of the design before the date of application for registration.

How can a person obtain an Industrial Design Protection in India?

In India, the registration process for Industrial Design Protection is fairly simple. The application is to be filed at the Design office either via the paper filing option or using the online filing option. All designs are categorized according to the Locarno Classification, which classifies goods for the purpose of their registrations and further helps in Design searches. An application is to be submitted at the Design Office along with the desired designs, classification code, and a description of the design. Once the application for Industrial Design is filed, it goes through an examination process to determine if the design can be registered or not. Accordingly, the Design Office may issue a statement of objection in the examination report, to which the applicant must respond within 3 months from its date of receipt. The application for Industrial Design Protection is abandoned if the applicant fails to respond to the objections raised within the stipulated period of time. On the basis of the applicant’s response to the objections, the Design Office determines if the application should be accepted, rejected, or put up for a hearing. If accepted, the application is processed for registration. After the registration, the particulars of the application, along with the representation of the article will be published in the Official Gazette. Once granted, the Industrial Design becomes exclusive to the owner if there are no objections raised from any third-party sources.

What is the difference between Patent Protection and Industrial Design Protection?

In several cases, a question or a query may arise pertaining to which type of protection to opt for between Industrial Designs and Patents. So here’s a detailed difference between patents and industrial designs to give you a basic understanding of their main aspects.

PATENTS

  • What can be protected?

A technical enhancement, new process, or manufacture, which is novel, unique, and useful, can be protected as patents.

  • Duration of protection and renewal term:

The patent of invention lasts for 20 years in the country of filing with no extension after 20 years.

  • Maintenance of Right:

An annual fee has to be submitted for a duration of 20 years.

INDUSTRIAL DESIGNS

  • What can be protected?

Any functional article of use which has a novel ornamental appearance can be protected as industrial designs.

  • Duration of protection and renewal term:

An industrial design is valid for a duration of 15 years with first renewal in the 10th year and subsequent renewal in every 5th year.

  • Maintenance of Right:

A Fee is required after 10 years if an application for renewal is submitted.

Why should one look into filing an application for Industrial Design Protection?

In the present era of creativity, aesthetics, and presentation, the outer appearance of any product is very important as it makes the product more appealing and attractive. This aspect increases the marketability of your product and raises a need to protect it from others who may copy or illegally adopt similar looking products in the market. In a number of cases, the design itself becomes the identity of a brand. Industrial Design Protection also encourages creativity, which leads to an expansion in the manufacturing and industrial sectors. So protect your novel creations by thinking beyond just functionality and looking into eye appeal too. For more visit: https://www.trademarkmaldives.com/

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