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Evolution of Competition
Traditional product Technology Pricing of product Quality of Product Design differential
“When companies are competing at equal price & functionality Design is the only differential that matters”
– Mark Dziersk, quoted in TIME Magazine
What is an industrial Design
It is a new or original idea in relation to the features of shape, configuration, Pattern, Ornament, Composition of lines or colours or combination thereof applied to any article by an industrial process
Shape and configuration
It signifies something solid (in three dimensions) where an idea is incorporated into the article Example - feeding bottle
It relates to something two dimensional Example- engraving on metal or like ornamentation on carpet by various geometric figures in combination of color etc. Mere painting of natural scenes or like on plain paper- is not an industrial design
i Pod) Legislative Framework of IP Administration Department of IP &P covers The Patents Act. Swatch) Develop the brand (e.g. 2002. 1999 The Geographical Indications of Goods (Registration & Protection) Rules. 2003 (as amended in 2006) The Designs Act. 2000 The Designs Rules.g. Apple ’s « Think Different » strategy. Department of Education covers The Copyrights Act 1957 (amended in 1999) 4 . 1970 (as amended in 2005) The Patents Rules.Industrial Designs Business (Idea) point of view: Make your product appealing to consumers Customize products in order to target different customers (e. 2001 (as amended in 2008) The Trade Marks Act 1999 The Trade Marks Rules 2002 The Geographical Indications of Goods (Registration & Protection) Act.
Licensing of design as legal property for consideration or royalty. Better protection and can sue for piracy of design. Designs Act.Salient Features Scope of definition of terms ‘Article’ & ‘Design’ enlarged Addition of definition of the term ‘Original’ Introduction of delegation of powers to Examiners & other Officers by Controller Codification of non.Benefits of Registration Exclusive right to apply design to the article in the class in which design is registered. 2000 .registerable Designs 5 .
2000 . 2000 . extendable by 5 years on request Provision for preferring Appeal on the Controller’s order before High Court Substitution of Applicants before registration of design Additional grounds for Cancellation of design 6 .Salient Features Removal of secrecy period of two years for a registered Design Public inspection available after notification Rights of Registered Proprietor defined Provision of Restoration of Lapsed Design Electronic Register of Design Designs Act.Designs Act.Salient Features Initial term of protection for 10 years.
configuration. mechanical or chemical. pattern. ornament or compositions of lines or colours applied to any article whether in two or three dimensional or both by any industrial process or means whether manual. 2000 . 2000 .Designs Act.Salient Features Registration of assignments/transfer of right made mandatory Penalty for piracy of registered design enhanced Inclusion of Paris Convention Countries apart from Commonwealth Countries for priority The Designs Act. separate or combined.Definitions Sec 2(d) Design: Means only features of shape.……… 7 .
Definitions Sec 2(d) Design: ……… which in the finished article appeal to and judged solely by eye but does not include any mode or principle of construction and does not include any Trade Mark or Property Mark and Artistic work as defined in clause (c) of section 2 of the Copyright Act’1957.The Designs Act. 2000 . Such work is not a subject matter of an industrial design 8 . Sec 2 (c ) – Copyright Act Artistic work means(i) A painting. a sculpture. a drawing (diagram. chart or plan) or engraving or photograph…… (ii) Any work of architecture and (iii) Any other work of artistic craftsmanship. map.
or comprises or contains scandalous or obscene matter shall not be registered 9 . the priority date of the application for registration. or has been disclosed to the public any where in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date.known designs or combination of known designs.The Designs Act.Definitions Sec 2(a) Article: Means any article of manufacture and any substance.4 (a) (b) (c) (d ) A design whichis not new or original. 2000 . or is not significantly distinguishable from. artificial or partly artificial and partly natural and includes any part of article capable of being made and sold separately Prohibition of registration of certain designs Sec. or where applicable.
external appearance of the finished article Neither constructional details nor utility of article are relevant for registration Novelty may reside in its application to article Absolute novelty.i. 10 .e.r. Not publicly known or used in India or elsewhere.Requirements for Registration A Design should: Be New or Original Be Distinguishable from known designs Be applied to an article Not be disclosed to public in any form Appeal to eye Not comprise of obscene matter Not be contrary to public order or morality New or Original Novelty is judged solely by eye w.t.
Integrated circuit designs 11 .Original In relation to design means: originating from the author of such design and includes the cases which though old in themselves yet are new in their application [sec 2(g)] What are not Registrable When design to applied to the inner portion of the article not visible or noticeable in finished article. Medals. Labels. Mere change in size. Cards. Trade Marks . Tokens. Cartoons. Property Marks. Principle or mode of construction of the article Building and structures Sole functional features Part of an article not sold separately Variation commonly used in trade Stamps. Designs contrary to public order or morality or scandalous Computer chip.
greeting cards. maps. 12 . computer icons Filing Requirements Applicant : Application : Applicant means any individual or legal entity. Declaration :Statement of novelty and disclaimers.The following articles are not registrable Calendar. emblems. forms. certificates. leaflets. Power of Attorney : (If required). medals Mere mechanical contrivance Basic shape. One application in prescribed form for one design in one class with prescribed fee. Representation: Four sets of Representation with the different views of the article for clear understanding the nature of article. or signs of any country. building plan. variations commonly used in the trade Mere workshop alteration Flags.
000/Four sets of Representation sheets in durable paper of A4 size.Filing of Design Application KOLKATA H. 1. Receiving & Examination Delhi Mumbai Chennai Receiving Center Receiving Center Receiving Center Particulars required for application Application form 1 with requisite fee of Rs. Power of attorney (if required) Priority document (for convention Appln.) 13 . pasted with the photographs/drawings of the article from different angles.O.
05 Sheet No. Date :No.01 Side view (1) STATEMENT OF NOVELTY (2) DISCLAIMER Signature of Applicant 14 . of sheet . PVT.Preparation of the Representation Sheet A4 Size white durable paper Sheet nos.LTD. To be mentioned in each sheet Photographs/line diagrams/ computer graphics of the article Name of the views Statement of novelty Disclaimer Signature of the applicant/ agent DATE Representation Sheet Name of the Applicant XYZ..
15 .- Statement of Novelty Novelty resides in the shape and configuration of the “Pressure cooker” as illustrated. PVT.Name of the Applicant XYZ. of sheet Sheet No. No.LTD. Or Novelty resides in the shape and configuration particularly in the portions marked ‘A’ & ‘B’ of the “Pressure cooker” as illustrated.
Example of Representation 16 . numerals. crowns. No claim is made by virtue of this registration to any right to the exclusive use of the words. letters. No claim is made by virtue of the registration in respect of any mechanical or there action of the mechanism whatever or in respect of any mode or principle of construction of the article. appearing in the design. etc.Statement of Disclaimer No claim is made by virtue of this registration to any right to the use as a trade mark of what is shown in the representations. flags.
No claim is made by virtue of this registration to any right to the exclusive use of the words. letters. numbers. letters. No claim is made by virtue of this registration in respect of any mechanical or other action of any mechanism whatever or in respect of any mode or principle of construction of the Article. No claim is made by virtue of this registration in respect of any mechanical or other action of any mechanism whatever or in respect of any mode or principle of construction of the Article. or trade marks appearing in the representation. or trade marks appearing in the representation. numbers. Dated: Signature of the applicant/agent (Name of the Signatory) (SPECIMEN OF REPRESENTATION SHEETS) RIGHT SIDE VIEW LEFT SIDE VIEW The novelty resides in the shape & configuration of the 'CHAIR' as illustrated. Dated: Signature of the applicant/agent (Name of the Signatory) 17 . No claim is made by virtue of this registration to any right to the exclusive use of the words.(SPECIMEN OF REPRESENTATION SHEETS) The novelty resides in the shape & configuration of the 'CHAIR' as illustrated.
00 1500.00 500.00 200.00 On What possible On application for cancellation of design under Section 19 Notice of intended exhibition or publication of an unregistered design under Section 21 Application for registration of a document in Register of Designs under Section 30(3): (i) In respect of one Design.00 500.00 500.00 1000. (ii) For each additional Design 12 13 18 .00 1000. of entry 9 10 11 (Contd.) No.00 200. On request for information of design when registration No. 8 9 10 500.00 1000.00 200. (ii) For each additional Design On application for entry of mortgage or license in Register of designs under Section 30: (i) In respect of one Design. not given .) No.00 500. Form Fee (Rs.THE FIRST SCHEDULE FEES No. (ii) For each additional Design One application for entry of name of proprietor or part proprietor in Register of Designs under Section 30: (i) In respect of one Design.00 11 500.00 2000.00 12 500. is given under Section 18.00 Contd … THE FIRST SCHEDULE FEES No. from previous slide…) Form Fee (Rs. 1 2 3 4 --5 6 7 1000. of entry 1 2 3 4 5 6 7 8 On What possible On application for registration of Design under Section 5 & 44 On claim under Section 8(1 ) to proceed as an applicant or joint applicant On application for extension of copyright under Section 11(2) On Application for Restoration of lapsed design under Section 12(2) Additional fee for Restoration Inspection of Registered design under Section 17(1) On request for information of design when registration No.
00 19 . from previous slide…) Form Fee (Rs. ---200.00 24 25 26 27 23 ------- 200.00 500.00 500.00 500.00 500.00 Application for entry of notification of a document in the Register of designs under Section 30 and Rule 37: (i) In respect of one Design. from previous slide…) Form Fee (Rs. 20 21 22 500.00 Notice of intention to attend hearing under Rule 29 and 40 Form for authorization of agent or other person.THE FIRST SCHEDULE FEES No. On petition under Rule 46 for amendment of any document On petition under Rule 47 for amendment of any document Inspection of Register of Design under Rule 38 (in respect of each design). On request for entries of two addresses in the Register of Design.00 200. of entry 14 On What possible (Contd.00 THE FIRST SCHEDULE FEES No.00 250. On request to alter name or address or address for Service in the Register of design under Rule 31. On Notice of opposition under Rule 40 100. 13 500.00 (per month) On request for certificate under Section 26 and Rule 42 On application for certified copy of Registered design Under Section 17(2) On application for rectification of Register of design Under Section 31 On application for extension of time for filing priority Document under Rule 15.00 500. (ii) For each additional Design On request for correction of clerical error under Section 29 15 16 17 18 19 20 14 15 16 17 18 19 500.) No.) No. of entry 21 22 23 On What possible (Contd.00 200.
Examination Appeal to High Court Acceptance Notification in the Official Gazette In case of allowance of appeal Issue of Certificate Consumer Products 20 .STAGES FROM FILING TO REGISTRATION Filling of Application Abandoned Numbering & Dating of Application Noncompliance of Objection (s) Examination Communication of Objection (s) Refusal Hearing if objection (s) is /are contested Waiving / removal of Objection (s) Removal of Objection (s) Re.
Pharmaceutical Product Textile & Jewellery 21 .
Example with a toothbrush Pattern or ornament or composition of colour / lines relates to something two dimensional.Example with a toothbrush Shape & Configuration signify something solid where an idea has been incorporated into the article. Contd. 22 . Contd.
23 . showing the feature of the design of an article. Contd.Example with a toothbrush When a figure. is drawn on a paper it will be regarded as if design has been applied to the article sought to be registered. Contd. Example with a toothbrush A new shape applied to toothbrush which produces a new visual appearance on the article.
Example with a toothbrush Design means a conception or suggestion or idea of a shape or pattern which can be applied to an article by industrial process or means. 24 . Example with a toothbrush Any mode or principle of construction or operation or anything which is in substance a mere mechanical device. would not be registerable design. Contd. Contd.
Contd. 25 . Contd.Example with a toothbrush The features of the design in the finished article should appeal to and are judged solely by the eye. Example with a toothbrush The design should be applied or applicable to any article by any industrial process.
OVERLAP OF DESIGN. sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act.Example with a toothbrush Designs of artistic nature like paintings. COPYRIGHT & TRADE MARK 26 .
Anything functional is not registrable as a design Copyright in a design comes to an end if the work has industrial application and is reproduced more than 50 times Is there diff. 27 . sculpture etc.Copyright & Design Design is for aesthetic appearance. Confusion is worse with Trade mark definition being amended Shape is also a trade mark – But articles like dresses. Yes. between copyright in a design and copyright in a drawing. However commercial products have more overlaps in protection. cannot come in trade marks..
then the artistic patterns printed on the piece of cloth are protected as copyrights. a design is. 1. including but not limited to for instance. Apparels and Life Style Industry: Indian Textiles: If artistic patterns are drawn up on a piece of cloth to be used for any purpose. Vol. the plan or scheme for the appearance of an article (or a part of an article). The design of an article may be recorded in any form including the written description. sofa covers. etc. pg. Copinger & Skone James on Copyright. 28 . table cloths. making of garments. drawing. sketch. bed sheets. On the other hand. “Design” has also been defined as the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article.. then the sketch/ drawing that is drawn of the pattern of the garment is protected as a copyright. if a designer of clothes creates a new pattern of garment to be used as a fashionable attire.Design As per Copinger and Skone James on Copyright. 15th Edn. in broad terms. 730 Infringement Infringement in the context of Indian Textiles. It primarily concerns with what an article looks like or is intended to look like.. photograph or it could actually be embodied in the article itself. It is not concerned with how an article performs its function.
etc. Accordingly. then the same could also be protected as the artistic work imprinted on the piece of cloth having copyrights. then the intention of the designer is to use the said design in the industry. if the designer’s intention is to produce several thousands of garments in different scheme of colours. Indian Cases 29 . the intention of the designer is to ensure that only one piece of the garment is manufactured. in which the author of the work intends to use the work. then the same may be protected as a design right. There is an ongoing debate on the issue and a lot depends on the manner. If.Infringement However. Alternatively.. the latter form of use of the same material may be considered to be a design. once the idea of the creative pattern is implemented on the piece of cloth.
Cases Tahiliani Design Private Ltd. 2222 of 2008 – Before Hon’ble Delhi High Court Cases Tahiliani Design Private Ltd.10. (OS) No.S. vs. vs. C.S. (OS) No. Renu Tandon & Anr. C. 2222 of 2008 – Before Hon’ble Delhi High Court Allegation that the Defendants’ garments were copies of the garments designed and crafted by the Plaintiff The said garments were supposed to be developed. designed and crafted by the plaintiff as a part of their collection for the year 2006 The Hon’ble Delhi High Court vide order dated 21.2008 granted ex-parte ad-interim injunction 30 . Renu Tandon & Anr.
Ltd. Renu Tandon & Anr.Cases Tahiliani Design Private Ltd.S. The impugned prints are generic Jamawar Prints Matter is sub-judice – Referred to Mediation Cases Suneet Varma Design Pvt. [2007 (34) PTC 81 (Del)] Allegation of infringement of copyright as the defendant used the dress in a movie which was worn by an actress Importance of costumes worn by actors and actresses in a film play special role and serve purpose of promotion of the movie Held that all kinds of clothes worn by actors cannot be stated as Fair Use permitted under sec 52 (1) (u). (OS) No. Application for vacation of stay moved claiming that both designs are separate. vs. 2222 of 2008 – Before Hon’ble Delhi High Court Defendant served notice. 31 . Vs Jas Kirat Singh Narula & Anr. C.
32 .Conclusion Technological advancement made the job of the creator easy ………it also made the job of the copier easy. Consciousness in IPR is the only way to prevent the latter.
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