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Overview
What is Industrial Design?
Main features of Industrial design
Indian Design Act, 2000
Requirement for registration
Who can register?
Registration Procedure
Goals and Importance
Case study
Conclusion
What is Industrial Design?
Ornamental or aesthetic aspect of an
article
Way an article looks
Key factor that attracts us to a product, or leads us
to prefer one product over another
Main Features of Industrial Design
Protects external appearance
Involves no technical or functional
aspects
Tenure for protection is 10 years + 5 years
Main Features of Industrial Design
Designs may include;
2-D form ( i.e. pattern, lines or colors)
3-D form ( i.e. shape or surface of an article)
Combination of Both
Examples of Industrial Design
Novel fonts or computer icons
Shape of a Fanta Bottle
Design and color combination of a car
Products that can be protected
Handicrafts
Industrial products
Architectural Designs
Indian Design Act, 2000
Protection to registered designs in accordance with
Indian obligations under TRIPS agreement
Protection against Infringement
Protection to new or novel
designs
Requirements for Registration
Novel or original
No public disclosure prior to filling date
Significantly distinguishable
No involvement of scandalous or
obscene matter or national flag or
state emblems
Requirements for Registration
Appealing
Involve industrial process
Should not be contrary to public order or morality
Who can Register?
Any person (i.e. firm, partners, corporate body)
Legal representative
Assignee
Registration Procedure
Registration and publication
Statement of Objection
Substantive Examination
Formal Examination
Application
Applicant must
reply within 3
months from the
date of receipt of
communication
Publication
within 1 month
from date of
Registration
Goals of Industrial design
Increase Appeal
Increase customer satisfaction
Recognition and Brand Identity
Increase product Differentiation
Importance of Preventing
Industrial Design
Protects the interest of the owner
Ensures fair return on investment
Infringement can be legally combated
Encourages creativity in industrial
and manufacturing sector
Case Study of Reckitt & Coleman vs.
Renkit Industries Ltd
Plaintiff: Reckitt & Coleman
Defendant: Renkit Industries Ltd
Controversy: Inclined Nozzle angle Cap
Judgment: Lacks Novelty and Functional Based
Court didnt grant injunction to the applicant
Conclusion