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Topic: industrial design and its registration.

Introduction:
An industrial design right is an intellectual property right that protects the visual design of objects that are
not purely utilitarian. An industrial design consists of the creation of a shape, configuration or
composition of pattern or color, or combination of pattern and color in three dimensional forms
containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to
produce a product, industrial commodity or handicraft.

Historical background:
In 1888, the inventions and design act, 1888 was promulgated in the sub-continent but it was also the
replica of British law with minor amendments.
In sub-continent the patent and design act, 1911 was enforced in 1911by the British government as a
combined law for patents and designs and remain enforces for a long time. It was extensively based on
English principles on patents and designs. The patent and design act, 1911 was detailed law which had a
exhaustive definition of design, patents and inventions. It had further provided the procedure for applying
for grant of patents. In 2000 the patent ordinance 2000 has replaced the patents and designs act, 1911.
In the year 2000, the patent and design law are separated and promulgated as ordinances. That is the
patent ordinance, 2000, the registered design ordinance, 2000.
The registered design ordinance, 2000.was made and promulgated by the president of the Islamic
Republic of Pakistan on 7th September, 2000, issued by the ministry of law, Human Rights and
parliamentary Affairs.

Definition of Design:
A design refers to the features to the shape, configuration, pattern, ornamentation or composition of lines
and colors applied to any article, in two dimensional for example, patterns, lines or color. Or three
dimensional For example, shape of an article, or forms. Or
An industrial design refers to the ornamental or aesthetic aspects of an article. A design may consist of
three-dimensional features, such as the shape or surface of an article, or two-dimensional features, such as

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patterns, lines or color. Industrial designs are applied to a wide variety of industrial products and
handicrafts: from technical and medical instruments to watches, jewelry and other luxury items; from
house wares and electrical appliances to vehicles and architectural structures; from textile designs to
leisure goods.

Why protect industrial designs?

Industrial designs are what make an article attractive and appealing; hence, they add to the commercial
value of a product and increase its marketability. When an industrial design is protected, the owner the
person or entity that has registered the design is assured an exclusive right and protection against
unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on
investment. An effective
System of protection also benefits consumers and the public at large, by promoting fair competition and
honest trade practices, encouraging creativity and promoting more aesthetically pleasing products.
Protecting industrial designs helps to promote economic development by encouraging creativity in the
industrial and manufacturing sectors, as well as in traditional arts and crafts. Designs contribute to the
expansion of commercial activity and the export of national products. Industrial designs can be relatively
simple and inexpensive to develop and protect. They are reasonably accessible to small and medium-sized
enterprises as well as to individual artists and crafts makers, in both developed and developing countries.

How can industrial designs be protected?

In most countries, an industrial design must be registered in order to be protected under industrial design
law. As a rule, to be registrable, the design must be new or original. Countries have varying
definitions of such terms, as well as variations in the registration process itself. Generally, new means
that no identical or very similar design is known to have previously existed. Once a design is registered, a
registration certificate is issued. Following that, the term of protection granted is generally five years,
with the possibility of further renewal, in most cases for a period of up to 15 years. Hardly any other
subject matter within the realm of intellectual property is as difficult to categorize as industrial designs.
And this has significant implications for the Means and terms of its protection. Depending on the
particular national law and the kind of design, an industrial design may also be protected as a work of
applied art under copyright law, with a much longer term of protection than the standard 10 or15 years
under registered design law. In some countries, industrial design and copyright protection can exist
concurrently. In other countries, they are mutually exclusive: once owners choose one kind of protection,
they can no longer invoke the other. Under certain circumstances an industrial design may also be

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protectable under unfair competition law, although the conditions of protection and the rights and
remedies available can differ significantly.

PROCEDURE FOR OBTAINING A DESIGN (REGISTRATION OF A DESIGN)

DESIGNS WHICH MAY BE REGISTERED OR CHARACTERISTICS OF REGISTRABLE DESINGS:
A design possessing following characteristics may be registered by the person claiming to be the
proprietor of such design.
1. Novelty:
The design desired to be registered must be new and original.
2. No Prior Publication:
The design must not be published prior to filing date of application for registration.
(Display of a skirt of model in fashion show is a publication)
3. Visual Appeal:
The design must appeal to and be judged by the eye.
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Design Not Contrary to Public Order and Morality:

The design must not be contrary to public order or morality.

WHO CAN APPLY FOR REGISRATION?

The Ordinance says that any person who is claiming to be the proprietor of the design can apply
to register it.
According to Section 2(h) following persons may claim as proprietor or creator of a design.
1. Original Proprietor:
Original proprietor is the person who has created the design.
2. Executed Proprietor:
The person in whose favor the original proprietor or creator executes the work for some
consideration.
3. Vested Proprietor:
Vested proprietor is the person in whom the design vests whether by assignment,
transmission or operation of law.
4. Two Independent Proprietors:
If the same design has been created by two persons then the person whose application
has the earliest filing date, shall has the right to the registration of the design.