MODULE 5
Industrial Designs
Subject: RM & IPR – BRMK557
Prepared By:SUPRIYA p
Definition of Industrial Design
• • ‘Design’ refers to the features of shape,
configuration, pattern, ornament, or composition
of lines or colors applied to any article.
• • The design may be one, two, or three
dimensional or a combination.
• • It may be created by industrial processes
(manual, mechanical, or chemical).
• • The design must appeal to the eye in the
finished article.
• • Excludes any principle of construction or
mechanical device.
Objective of Registration
• • Protect and reward originality and creativity.
• • Encourage innovation among designers.
• • Promote industrial and aesthetic
development.
Eligibility Criteria
• • The design must be novel or original.
• • Should not be published or used before.
• • Must be distinguishable from existing
designs.
• • Should not have been disclosed to the
public.
Acts and Laws Governing Industrial
Designs
• • Governed under The Designs Act, 2000 and The
Designs Rules, 2001.
• • Amended in 2008, 2013, 2014, and 2019.
• Characteristics:
• • Should be novel and original.
• • Applicable to a functional article.
• • Visible on a finished article.
• • No prior publication or disclosure.
Famous Examples of Industrial Designs
• • Coca-Cola Bottle:
• - Designed in 1915 with a contoured glass shape.
• - A masterwork of industrial design admired
globally.
• • iPhone:
• - Created by Apple Inc.
• - Sleek rectangular body with rounded edges.
• - Aesthetic appeal and smooth design for ease of
use.
Design Rights
• • Registration gives exclusive rights to the
proprietor.
• • Prevents reproduction, manufacturing, or
selling without consent.
• • Useful for entities with aesthetic products.
• • Provides monopolistic rights over the novel
design.
Importance of Design Registration
• • Ensures exclusive rights of the applicant.
• • Protects registered designs from piracy and
imitation.
• • Helps in boosting product sales and
establishing goodwill.
Cancellation of Registered Design
• • Can be cancelled anytime through Form-8.
• Grounds:
• • Design already registered.
• • Design published earlier.
• • Design is not novel/original.
• • Not a design under Clause (d) Section 2.
Important Application Forms
• • Form-1: Registration of Design
• • Form-3: Renewal of Design
• • Form-4: Restoration of Design
• • Form-8: Cancellation Petition
• • Forms 9, 11, 14, 15, 17, 19 for other
procedures
Classification of Industrial Designs
• • Based on Locarno Agreement (1968).
• • Used to classify goods for design
registration.
• • 32 classes and 237 subclasses.
• • Example: Class 1 – foodstuff; Class 32 –
graphic symbols and logos.
Procedure for Registration – Prior Art
Search
• • Ensure design is not registered earlier.
• • Search tools: Design Search Utility, WIPO
Global Design Database.
Application for Registration
• • Applicant must ensure novelty.
• • Can be filed by individuals, small entities,
institutions, industries.
• • Non-residents must use an Indian agent.
Filing & Examination Process
• • Application filed at Design Office, Kolkata.
• • Examiner checks eligibility.
• • Queries must be answered within 6 months.
• • Once objections cleared – acceptance.
Duration of Registration
• • Valid for 10 years from registration date.
• • Extendable for further 5 years.
• • If priority date claimed, duration counts
from that date.
Duration of Registration
• • Valid for 10 years from registration date.
• • Extendable for further 5 years.
• • If priority date claimed, duration counts
from that date.
Enforcement of Design Rights
• • Once the applicant has been conferred rights over a
specific Design, he has the right to sue the person if the
pirated products of his registered design are used.
• • He can file the infringement case in the District Court
to stop exploitation and claim damages.
• • The court ensures the Design is registered under the
Designs Act, 2000.
• • If the Design is not registered, no legal action can be
taken.
• • If found guilty of piracy or infringement, the court
can ask the infringer to pay up to ₹50,000 per
registered Design.
Non-Protectable Industrial Designs in
India
• • Any Industrial Design against public moral values.
• • Designs including flags, emblems or signs of any country.
• • Designs of integrated circuits.
• • Designs describing the process of making of an article.
• • Designs of books, calendars, certificates, forms, greeting
cards, maps, etc.
• • Artistic works under Section 2(c) of the Copyright Act,
1957.
• • Artistic works include paintings, sculptures, drawings,
photographs, and architectural works.
• • Industrial Designs do not include Trademarks.
Protection Term
• • The outer shape or design makes the
product appealing and adds value.
• • Protection prevents unauthorized use by
others.
• • Registered Designs are protected for 10
years in India.
• • Can be extended for 5 more years after
renewal.
Procedure for Registration of Industrial
Designs
• Prior Art Search:
• • Ensure the design has not been registered earlier.
• • Use search engines like Design Search Utility (CGPDTM) or Global
Design Database (WIPO).
• Application for Registration:
• • Applicant must ensure novelty and distinguishability from other
designs.
• • Application can be filed by individuals, small entities, or
industries.
• • Can be filed through professional patent agents or legal
practitioners.
• • Non-residents must employ an agent residing in India.
Design Registration Trends in India
• • Statistics shown for 2010–20 covering filed,
examined, and registered designs.
• • Growth: Filed +88%, Examined +117%,
Registered +33%.
• • Highest values observed in 2019–20.
Graph Interpretation
• • All three parameters follow a similar growth
pattern.
• • Increase linked to rising innovation and
design awareness.
International Treaties
• • Hague Agreement (1925): International
registration of designs.
• • Locarno Agreement (1968): International
classification system for designs.
Apple Inc. vs Samsung Electronics
• • Apple sued Samsung (2011) for copying
design & UI features.
• • Apple submitted side-by-side images as
evidence.
• • Samsung argued Apple altered images.
• • Case ran for 7 years; settlement in 2018.
• • Samsung paid $539 million to Apple.
Geographical Indications (GI)
• • GI is a sign used for products from a specific
region.
• • Indicates reputation, quality, or
characteristics of that region.
• • Strong link between the product and its
origin.
Laws Related to GI
• • GI introduced in India in 2003.
• • Governed by GI Act (1999) and GI Rules
(2002).
Geographical Indications (GI)
• A GI is a sign used on products from a specific
geographical region.
• It shows qualities or reputation linked to that
location.
• There is a strong link between the product and
its place of origin.
Acts, Laws and Rules Pertaining to GI
• GI introduced in India in 2003.
• Governing laws:
• - Geographical Indications of Goods
(Registration & Protection) Act, 1999
• - Geographical Indications of Goods
(Registration & Protection) Rules, 2002
Ownership of GI
• GI ownership can be held by:
• - Producers
• - Group/association/cooperative society
• - In certain cases, government
Rights Granted to GI Holders
• • Right to grant license: Can gift/sell/transfer
license.
• • Right to sue: Can take legal action for
misuse.
• • Right to exploit: Exclusive rights to use GI
goods.
• • Right to get reliefs: Can obtain relief for
violations.
Registered GIs in India
• • GIs belong to handicrafts, agriculture, foodstuff,
beverages.
• • First GI: Darjeeling Tea (2004).
• • Latest (2020): Kashmir Saffron & Manipur Black
Rice.
• • 370 GIs registered till May 2020.
• • 58% are handicrafts, 30% agriculture.
• • Tamil Nadu has the highest (21), followed by UP
(20) and Karnataka (19).
Examples of GI Products
• • Darjeeling Tea – Agriculture – West Bengal
• • Mysore Silk – Handicraft – Karnataka
• • Kashmir Pashmina – Handicraft – Jammu &
Kashmir
• • Banaras Sarees – Handicraft – Uttar Pradesh
• • Naga Mircha – Agriculture – Nagaland
• • Tirupati Laddu – Foodstuff – Andhra Pradesh
• • Phulkari – Handicraft – Punjab, Haryana,
Rajasthan