“Industrial design act No.22 of 2016 “Before talking about
the industrial design act we should be familiar with the term “design”. What does it mean? It is the features of a product that is caught by the viewer's eye including any (2d) like color, pattern, and lines or (3d) like shapes not including any mode, principle, construction that is mechanical as its features is not covered by industrial design as the eye should be the only judge whether the design is pirated or not So why should the industrial design be protected? Because grabbing the attention of the consumer requires the product to have an aesthetic look that takes months in designing so the industrial design act that was released in 2016 to assure the designer that their designs will only be used by them provides legal protections. Imagine if you spent months designing a product and after the product became successful you realized that a company started to manufacture a similar-looking product. What are the legal protections that will be taken, that's what we will see in the next case… CASES THAT VIOLATES INDUSTRIAL DESIGN ACT
v In January 2017, the famous company for sports
cars BMW accused Mazz Auto group of stealing their designs of different spare parts in their cars by using them in bogus products, also they sold these parts on their online website fake BMW badges and wheel rims which are designed by BMW. BMW demanded 2,000,000 dollars for the damages they caused. According to “United States Code – 35 USC 17 for design patent “, later, BMW Won the case. CASES THAT ABIDES INDUSTRIAL DESIGN ACT Instantly recognizable, the Coca-Cola contour bottle is a masterpiece in industrial design that dates to 1915 when the Coca-Cola Company asked its bottle suppliers to design a new bottle that would be distinctive and instantly recognizable - even in the dark. Designer Earl R. Dean took up the challenge, and following instructions issued by his boss aimed to produce a design based on the ingredients of the drink. Unable to find any reference images for either the coca leaf or the Kola nut, Dean instead used an image of a cocoa pod from his encyclopedia as inspiration, leading to the iconic ribbed bottle shape we know and love today. And no one else was able to use it as it is preserved to Coca-Cola’s industrial design rights. Conclusion Conclusion Due to the misunderstanding between copyright, patent, and industrial design we will connect them together to understand the act of each point. Let’s imagine a Team starts to think about an invention or idea to make it real and they want to register the idea as their own so That’s considered a patent then they start to design it as a hard copy, but they want to protect their design, so they resort to the industrial design act that encourages the creation of designs and development of creative industries through enhanced protection of designs. In the end, they give permission for the sellers to sell the product without changing or editing it, that’s the copyright. We can summarize it in short sentences: pre-step before the formation (patent), protecting the design (industrial design), and giving permission to the traders (copyright) INDUSTRIAL DESIGN ACT