Industrial Designs

By
Bharath Simha Reddy
 INTRODUCTION

 An industrial design is one of the categories of

IPR where the design system focuses on the
aesthetic feature of an article derived from its
visual appearance.
 Relevant aspects are the shape, configuration,
surface pattern, the color or line or a combination
thereof as applied to an article which produces an
aesthetic impression on the sense of sight.
 IMPORTANCE OF INDUSTRIAL DESIGN

 It makes a product attractive & appealing to

customer & may even be its unique selling point.
 An industrial design adds value to a product.

 Fair return on investment.

 Business assets.
 DESIGN ACT 2000

 The Design Act 2000, came into force on 11-05- 2001

after repealing the Act of 1911. It aims at protecting the
design in India and bringing the Indian law at par with
International law.
 Applied to any article of manufacture in two dimension
or three dimension or in both form.
 WHY REGISTRATION OF DESIGN IS
REQUIRED?

 To protect any new / original shape, configuration, surface

pattern ,combination of lines or colors applied to any
article which is a creation of human intellect by way of
registration.
 To prevent the imitation of innovator’s design.
 To prevent the commercial exploitation of the innovator’s
design by the third party without the proprietor's consent.
 To increase interest in innovating more designs in the field
of consumer products.
 WHAT CAN BE REGISTERED AS ADESIGN ?

 New or original (Novel).

 Not previously published.
 Reproducible by industrial means.
 Not contrary to public order or morality.
 Not comprised of or containing scandalous or
obscene matter.
 Significantly distinguishable from known designs or
combination of known designs.
 Appealing to the eye.
 THE FOLLOWING ARTICLES ARE NOT
REGISTRABLE

◦  Labels, tokens, cards, stamps

◦  Texts, religious symbols
◦  Mere mechanical contrivance
◦  Building and construction or real estate
◦  Basic shape, variations commonly used in the trade
◦  Mere workshop alteration
◦  Mere change in size
◦  Flags, emblems or signs of any country,
computer icons.
 FILING OF DESIGN APPLICATION

WHO CAN APPLY FOR REGISTRATION OF

DESIGN?
 Any person [individual or legal entity]

 Legal representative of deceased person

 Person (individual or legal entity) claiming to be

the proprietor.
 JURISDICTION OF FILING APPLICATION

 Applicationswith prescribed fees may be filed in

the Head Office at Kolkata and its Branch Offices
at Delhi, Mumbai & Chennai.
 REGISTRATION OF DESIGN [U/S-5]

 The Controller may, on the application of any

person claiming to be the proprietor of any new
or original design not previously published in any
country and which is not contrary to public order
or morality, register the design under this Act.
 A design when registered shall be registered as of
the date of the application for registration.
 SCOPE OF RIGHTS

 The right to prevent unauthorized copying or

imitation by third parties.
 Legally exclude all others making, offering,
importing, exporting or selling product with a
specific design.
 However an infringement can be legally
combated only if the owner has recorded his
design(s) and received a formal certificate of
protection.
 REVOCATION OF DESIGN

Sec-19
 A petition in Form-8 with fee of Rs. 1,500/- by an interested person may
file for revocation/cancellation of registration at any time after the
registration on the following grounds to the Controller:
a. Previously registered in India
b. Published in India or other countries prior to the date of registration
c. Not a new or original Design
d. Not a Registrable Design under this Act
e. Not a Design under Section 2(d) of this Act.
 PROCEDURE FOR REVOCATION[RULE-29]
 A petitionto the Controller
 Counter statement [one month not exceeding
three months]
 Evidences by way of affidavits

 Hearing

 Decision.
AN
APPEAL
 Controller’sorders appealable before High Court
[concerned jurisdiction].
 Controller may refer such petition at any time to
High Court.
 High Court shall decide any petition so referred.
 CASE LAWS
 Dabur India Vs Amit Jain 2009 (39) PTC 104(Del)
 For determining whether two designs are identical or
not , it is not necessary that the two designs should
be exactly same. The main consideration is whether
the broad features of shape, configuration, pattern
are same or nearly the same and if so , then it will be
a case of imitation of the design by the other. Based
on these principles, the DB allowed the appeal and
awarded cost of 20, 000 to the plaintiff.
 With regard to Section 19 (b): Gopal Glass Works Ltd Vs.
Controller of Patents & Designs, 17 August 2005 [2006
(33) PTC 434]
 Held that:
 Had publication of design specifications by a registering
authority, particularly a registering authority in a foreign
country, in connection with registration of a design, in
itself, amounted to prior publication, that would hit all
future applications in India for registration of designs,
prior registration in India would not separately have been
made a ground for cancellation of a registered design.
GOOD DESIGN IS GOOD BUSINESS

THANK YOU