Chapter 3

INDUSTRIAL DESIGNS AND TRADE MARKS

INDUSTRIAL DESIGNS
design
Industrial Design is one of the categories of IPR where thederived
SVstem focuses on the aesthetic feature of an article
shape,
from its visual appearance. Relevant aspects are the combination
configuration, surface pattern, the colour or line or a
aesthetic
thereof as applied to an article, which produces an purchase
impression on the sense of sight. Those who wish to
practical
an article for use are often influenced not only by their by
efficiency butalso by appearance. Purchasers are attracted
to
adesign which is uncommon in look and solely appealing
Registration of
their eyes i.e. Design is solely judged by eyes. original
Design is nothing but the protection of the new or Design
for a limited period.
Industrial Designs are compositions of lines or colors or any
three-dimensional forms, which give a special appearance to a
aesthetic
product or handicraft. They protect the ornamental or
aspect of a useful article, which usually appeals to the sense of
sight or touch and can be reproduced in significant quantities.
Industrial designs are applied to a wide variety of products of
industry and handicraft; from technical and medical instruments
housewares
to watches, jewelry, and other luxury items; from structures;
and electricalappliances to vehicles and architectural
from textile designs to leisure goods.
design
To be protected under most national laws, an industrial
must appeal to the eye. This means that an industrial design is
primarily of an aesthetic nature, and does not protect any
technical features of the article to which it is applied.
NEED FOR PROTECTION OF A DESIGN

Industrial designs are what make an article attractive and

appealing; hence, they add to the commercial value of a
product and increase its marketability.
When an industrialdesign is protected, the owner -the person
an
or entity that has registered the design - is assured
 mechanical
constructionof solely configuration, colours Design friendly Acts Kolkatta. for INDUSTRIALThe 38
nufacture combined, whether
manual,
means, three th(which
eby "
a fee.
for a
company. consumer
tproducts.
Designs
he are ofmore products.
by
in wider registration A moreIndustrial increases export
Itencouraging
creativity
sectors,
contribute to by
Protecting
industrial investment.
consumers
creativity,
and
competition
practices,
trade onthe Industrial
exclusive
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or pattern, Act DESIGNS national as rightDesigns
andanything but in to the in of design
the orany modernizes
order of Wi ng
industrial
interest the well
and and parties.
An This
any In it in Indian coverage and value
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expansion as promoting effective the and
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ornament to replaced design, a in encouraging honest
ubstance, WING alsomay designs
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means increase can
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by
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artitica ardo mere a judged linesshape. similar provide others
user. done 200n the The fiel Ihe
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 DESIGNOF Actwhi
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itself.design its and is ofbeing ate and
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existence the cannot design
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registration
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design as
design features industrialdesign not design design not article
for to
as designs
or design in applied because
only be
and in
registrable any shape or eligible is
right the independent considered natand ural;
for which must underpainting,
bulk ornamentation
should should may REQUIREMENTS
used registered. to referred a
of to
form note sold
are of process. of real for orThe should to piece once Fundamentals and
showing aappear itjudged the the by industrial not in for apply an separately.
box, is any
sculptures under
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meant. designs Act. be novelty be "copyright ceases the an
and applied Ifa a the of paper, article
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should plans, activity amay design protection should of
Thus, in Act. features application
new to
metal Stamps, any
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bythe applicable or residebefore or to in exist. design part
any bethe
process designs layouts subject original, design".
isany be the
the applicable of for THE registered
Copyright integral or
in orvisible finished
design eye. shape, in
the article under applied An like purposelabels, of
almirah
the i.e., an
Property
This are like of and conception, matter.
made
is the date
REGISTRATION Copyright article
material article
open not in the wit h
onarticleexcludedwhichartistic any toconfiguration,
to application of Actunder ornamentation
to tokens,of
may theinimplies the installations an previously . any
Design Rights
However,
does application the it. must registration capable of
state, not finished should e article
arnature article. Design classmeans So, rernains
inside from then article have cards,
as be that not by not Act the 39
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rightDURATION RIGHTSWHAT 40
Rs
another. Designs, (such the Designs
istotal morality. incorporating
or protected
Designs functional Designs
theoriginality matter. It or mark are principle
required
It Themechanism, associated
Act. novelty notthing, Any state.thoseIndustrial
portion
2000/- granted facts should should
CANNOT combination
technical design other However, be mode
5 t erm as or which articles
years OF whichnational of intended onl y a
to design that and that be
not artistic
registrable to of registrable Designs
Tradeand
the fora of THE each significantly should construction be with, is or
by a function are /or do BE
comprise inserted in
in principle are
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substance
making period
REGISTRATION flag). features
case, considered individualPROTECTED
not known cannot to generally
considered not engage shape
features design.
of by of meet or on any of
before an 10 other
distinguishable
designs. include disclaimer or be
design a
may character. contain its registered
mechanical of a
applicationyears, to the representation, in
design with construction
its For mere put Marks
BY
to official product; any the
the be IP berequirementsbe corrugation
leversinstance, in
protected, scandalous mechanical the
expiry which is OF contrary ights. dictated INDUSTRIAL
trademark design. suggests in
15 symbols as
and years. A such from respect or inside
a ormarket
of can DESIGN other design operation
a
initial by to depending exclusively known provided any orkey
be technical or the bend device, in
paying Initially public or of or thereofaction the
extended, emblems modeunder lock having
10 novelty, DESIGN obscene designsproperty
years a order there at would orclosed
tee the of any
on or by is a or
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authorize t9000).
he given to ofletters,
symbol s, or or Touri
A stcalledWhen to In similar "A enterprises.
other A such
Well-known
he identify marks
goods, trademark
services
enterprise. goods other Definition produced
label Trade tr a de
the APPLE
WIaLLS KODAK services TRADEMARK period.
public a
exclusive for are as goods extension
use mark Atrademark and agencies, for applied Mark The
otherscompliance themowned or
three-dimensional as "ServiceTrade - - words, mark
whioftrademark
chwhich right colours
numerals. Trade is for for -for the is is
proprietor
such those a Mark manufactured a to
to
to
with by distinctive
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photographic purpose Trade a |o r a even Fundamentals
uses
mark has provides Marks is
visual
articles sign
use use a an used produced provided as
with
level They used Mark
of capable soon of
such
become in
in it it association For symbol
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defined
to of as 0s or as
or
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return
identify the distinguishing
quality. may be e.g. in goods commerce
adealt
in by of
so owner such provided which
one Cleaners connection visual of the
Intellectual
may
to to als o Hotels, the one
distinguishing
to or forstandards. whose or th eir in design is
other the any goods as by for m enterprise make
receives some of
Certification consist identifies representation as
substantialgoods the members shape combination byrestaurants, etc. with trade others." of thProperty
e
goods or
mak feature. a distinguished word, registered.
such consideration
or services,(Example and of specificcertain services, origin. from the application
or bymarks a Rights
services
services services,
segment use drawings,
packaging
Collective of device goods
ensuring person
words, Airlines, attached
For those
or ISO them goods it from
to are is e.g. or or for 41
of