1. What is an Industrial Design?
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two dimensional features, such as patterns, lines or colour.
Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewellery and other luxury items; from house wares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.
An industrial design is primarily of an aesthetic or visual nature, and does not relate to the technical features of an article.
2. Advantages of Registered Designs
The owner is able to prevent unauthorized copying or imitation of his or her design by third parties. In addition, as industrial designs add to the commercial value of a product & facilitate its marketing & commercialization, their protection helps ensure that a fair return on investment is obtained.
Protection of industrial designs encourages fair competition & honest trade practices. It leads to the production of more aesthetically attractive & diversified products, thereby broadening consumer choice.
Industrial design protection acts as a spur to a country’s economic development by contributing to the expansion of commercial activities & by enhancing the export potential of national product.
3. Disadvantages of Unregistered Designs
The owner is unable to prevent unauthorized copying or limitation of his or her design by third parties.
Non-protection of industrial designs discourages unfair competition & dishonest trade practices.
4. What may not be registered?
The following do not constitute registrable designs within meaning of the Ordinance:
a. for registration in respect of one or more other articles of the registered design, or
b. for registration in respect of the same or one or more other articles of a design consisting of the registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof.
The application shall not be refused and the registration made on that application should not be invalidated by reason only of the previous registration or publication of the registered design:
Provided that the period of registration of a design registered by virtue of this section shall not extend beyond the expiration of the original and extended period of registration in the original registered design”.
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