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INDUSTRAIL DESIGN

Industrial design is the use of a combination of applied art and applied science to improve the aesthetics, ergonomics, and usability of a product, but it may also be used to improve the product's marketability and production. The role of an industrial designer is to create and execute design solutions for problems of form, usability, physical ergonomics, marketing, brand development, and sales.
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The first use of the term "industrial design" is often attributed to the designer Joseph Claude Sinel in 1919 (although he himself denied this in interviews), but the discipline predates 1919 by at least a decade. Christopher Dresser is considered the world's first Industrial Designer. Industrial design's origins lie in the industrialization of consumer products. For instance the Deutscher Werkbund, founded in 1907 and a precursor to the Bauhaus, was a statesponsored effort to integrate traditional crafts and industrial mass-production techniques, to put Germany on a competitive footing with England and theUnited States. The earliest use of the term may have been in the following work: The Art Union. A monthly Journal of the Fine Arts Volume One for the year ending December 1839 Published at the Art Union Office Catherine Street Strand Page 143 Dyces report to the Board of Trade on foreign schools of Design for Manufactures. Mr Dyces official visit to France, Prussia and Bavaria for the purpose of examining the state of schools of design in those countries will be fresh in the recollection of our readers. His report on this subject was ordered to be printed some few months since, on the motion of Mr Hume. The school of St Peter, at Lyons was founded about 1750 for the instruction of draftsmen employed in p reparing patterns for the silk manufacture. It has been much more successful than the Paris school and having been disorganized by the revolution, was restored by Napoleon and differently constituted, being then erected into an Academy of Fine Art: to which the study of design for silk manufacture was merely attached as a subordinate branch. It appears that all the students who entered the school commence as if they were intended for artists in the higher sense of the word and are not expected to decide as to whether they will devote themselves to the Fine Arts or to Industrial Design, until they have completed their exercises in drawing and painting of the figure from the antique and from the living model. It is for this reason, and from the fact that artists for industrial purposes are both well paid and highly considered (as being well instructed men) that so many individuals in France engage themselves in both pursuits. The practical draughtsman's book of industrial design: was printed in 1853

Industrial design rights


Main article: Industrial design rights Industrial design rights are intellectual property rights that make exclusive the visual design of objects that are not purely utilitarian. A design patent would also be considered under this category. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Under the Hague Agreement Concerning the International

Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired.

What is an industrial design?


An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods. To be protected under most national laws, an industrial design must be new and/or original. Novelty or originality is determined with respect to the existing design corpus. An industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied .

Why protect industrial designs?


Industrial designs are what makes a product attractive and appealing; hence, they add to the commercial value of a product and increase its marketability. When an industrial design is protected, this helps to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices. Protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors and contributes to the expansion of commercial activities and the export of national products.

What is the grace period?


The existence of a grace period and the corresponding requirements can be provided by national or regional laws applicable in some countries. If so, the law can allow the filing of an application for registration of an industrial design after its disclosure, within a limited time period from the date of disclosure (generally six months or a year). During the grace period, the product which constitutes the industrial design or in relation to which the industrial design is used could in particular be commercialized without destroying the novelty of the industrial design and it could still be possible to file an application for registration in the country concerned before the expiry of the grace period.

How can industrial designs be protected?


Depending on the particular national law and the kind of design, In most countries, an industrial design must be registered in order to be protected under industrial design law. As a general rule, to be registrable, the design must be "new" or "original". Different countries have varying definitions of such terms, as well as variations in the registration process itself. Generally, "new" means that no identical or very similar design is known to have existed before. Once a design is registered, the term of protection is generally five years, with the possibility of further periods of renewal up to, in most cases, 15 years. an industrial design may also be protected as a work of art under copyright law. In some countries, industrial design and copyright protection can exist concurrently. In other countries, they are mutually exclusive: once the owner chooses one kind of protection, he can no longer invoke the other. Under certain circumstances an industrial design may also be protectable under unfair competition law, although the conditions of protection and the rights and remedies ensured can be significantly different.

What cannot be protected by industrial design rights?


Designs that are generally barred from registration in many territories include:

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 the facts of each case, by other IP rights (e.g. patents, utility models or trade secrets);

designs incorporating protected official symbols or emblems (such as the national flag); designs which are considered to be contrary to public order or morality.

Some countries exclude handicrafts from design protection, as industrial design law in these countries requires that the product to which an industrial design is applied is an article of manufacture or that it can be replicated by industrial means.

What rights are conferred by industrial design protection?


When an industrial design is registered, the holder receives the right to prevent unauthorized copying or imitation by third parties. This includes the right to prevent all unauthorized parties from making, selling or importing any product in which the design is incorporated or to which it is applied. Because industrial design rights are territorial in nature, this right is limited to the territory for which the design is registered.

How extensive is industrial design protection?


Generally, industrial design protection is limited to the country in which protection is granted. Under the Hague Agreement Concerning the International Registration of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration is offered. An applicant can file a single international application with WIPO. The applicant can designate as many Contracting Parties as he wishes.

How can you enforce your rights when your industrial design is being infringed?
In case of infringement, the holder of industrial design rights could, firstly, decide to send a cease or desist letter to the alleged infringer, informing him of a possible conflict between his industrial design rights and the alleged infringing product and asking him to cease said infringement. If the infringement persists, the holder of the industrial design rights could decide to take all appropriate legal measures against the infringer, as provided for by the applicable law. The enforcement of industrial design rights may be a complex issue for which it is usually advisable to seek professional assistance from a lawyer who would in principle be the competent person to provide you with advice on how to settle any dispute.

Registering an industrial design An application form must be filed to register an industrial design. This should include a clear and complete description of the design so that it provides third parties with new technical information and can be understood by a person with average knowledge of the design in question. Claims made in a foreign country should include an address in that country or that of a person holding power of attorney. Other formalities are often required such as the payment of a fee or authentication by a public notary. The application is then examined by the relevant body in the country concerned; the method used can differ from one country to another. If protection is granted, a certificate is issued stating that the owners exclusive rights exist from th e date of registration. In cases where protection is refused the applicant should be given the right to make observations and then appeal. Filing an industrial design application

identification of the owner of the industrial design description of the product to which the industrial design protection applies graphic or photographic representation of the industrial design Examination of application by the administrative authority national and international screening examination of basic and formal requirements by the Patent Office

The registration of a design confers registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. A registered proprietor of the design is entitled to a better protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license or sell his design as legal property for a consideration or royalty. Registration initially confers this right for ten years from the date of registration. It is renewable for a further period of five years. If the fee for extension is not paid for the further period ofregistration within the period of initial registration, this right will cease. There is provision for the restoration ofa lapsed design if the application for restoration is filed within one year from the date of cessation in the prescribed manner.