INDUSTRIAL DESIGN: CONFIDENTIAL INFORMATION

1) Ornamental or aesthetic aspect of an article.
2) Three-dimensional features (3D) and configuration of an
article
3) Two-dimensional features (2D) pattern and ornamentation
4) Combination of (3D+2D)
• Term of Protection: 5 + 5 + 5 + 5 + 5 years
INDUSTRIAL DESIGNS REGISTRATION
Article 39(2) of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) pertains to the protection of
undisclosed information, commonly referred to as confidential
information or trade secrets. This provision requires member
countries to provide legal remedies against the unlawful acquisition,
use, or disclosure of such confidential information, which would
include unauthorized access, reproduction, or distribution to
unauthorized individuals or entities.

ELEMENTS OF INFRINGEMENT (COCO V AN CLARK

(ENGINEERS) LTD
1) QUALITY OF CONFIDENCE
: To establish a cause of action for breach of
confidence, the plaintiff must first prove that the
information which he has imparted is confidential

2) IMPARTED IN CIRCUMSTANCES IMPORTING

OBLIGATION OF CONFIDENCE
: Plaintiff must establish that an obligation of
confidence exists from the circumstances in which the
information was imparted

3) UNAUTHORIZED USE
: The unauthorised use or disclosure must relate to the
nature of the obligation of confidence.
: Whether or not there has been an unauthorised use
is a question of fact and, where necessary, inference
of unauthorised use may be made based on the
evidence adduced.

CRITERIA FOR REGISTRABILITY

“Design” i.e. features of shape, configuration, pattern or ornament.
Design must be applied to an article.

1) Fulfill the interpretation of ID

2) NEW (NOVELTY)
3) Not contrary to public order or morality
4) INDUSTRIAL APPLICABLE applied by an industrial
process.
5) Features of design must appeal to and are judged by the
eye.

DEFENSES OF INFRINGEMENT FOR INDUSTRIAL DESIGN under

specific sections of intellectual property laws may vary depending on
the jurisdiction and the specific circumstances of the case. However,
here are some commonly used defenses for infringement in relation
to sections 32, 34, 13, 7(1a), and 7(1b):

1. Section 32 Defense: Innocent Infringement - The accused party

may argue that they were not aware of the existence of the registered
industrial design at the time of the alleged infringement. They can
assert that they had no intention to copy or imitate the design and
were not negligent in their actions.

2. Section 34 Defense: Experimental Use - The accused party may

argue that the alleged infringement was for experimental purposes.
They can claim that the use of the particular design was necessary to
develop or test a new invention or design concept.

3. Section 13 Defense: Invalid or Ineligible Design - The accused party

may challenge the validity or scope of the registered industrial design.
They can argue that the design does not meet the requirements for
protection, lacks originality, or is invalid due to prior art or other
reasons.

4. Section 7(1a) Defense: Independent Creation - The accused party

can argue that their design was independently created without any
knowledge of or access to the registered industrial design. They can
claim that their design was arrived at through their own creative
process, independent of the registered design.

5. Section 7(1b) Defense: Prior User Rights - The accused party may
have been using a similar design before the registration of the
industrial design. They can assert their prior user rights, arguing that
they have a legitimate claim to the design based on their prior use.