Presentation on

Industrial Design

What is an industrial Design

It is a new or original idea in relation to the features of
shape, configuration, pattern, ornament, composition of
lines or colours or combination thereof applied to any
article by an industrial process
The industrial design registration helps in safeguarding the
ornamental or aesthetic elements of the article.
Industrial design refers only to the ornamental or
aesthetic aspects of a product. In other words, it refers
only to the appearance of the product

 As a general rule, an industrial design consists

of:
three-dimensional features, such as the shape of a
product,
two-dimensional features, such as ornamentation,
patterns, lines or color of a product; or
a combination of one or more such features.

Shape and configuration

It signifies something solid (in three
dimensions) where an idea is
incorporated into the article
Example shape of the bottle

Pattern, Ornament
It relates to something two dimensional Exampleengraving on metal or like ornamentation on carpet by
various geometric figures in combination of color etc.
Mere painting of natural scenes or like on plain paper- is
not an industrial design

 Designs are used in different products

and across the various industries like
medical, handicrafts, jewelry,
electrical appliances etc.

Need for protection

An industrial design adds value to a product. It makes a
product attractive and appealing to customers, and may
even be its unique selling point.
So protecting valuable designs should be a crucial part of the
business strategy of any designer or manufacturer.By
protecting an industrial design through its registration at the
national or regional intellectual property office, the owner
obtains the exclusive right to prevent its unauthorized
copying or imitation by others.
This makes business sense as it improves the
competitiveness of a business and often brings in additional
revenue in one or more of the following ways:

By registering a design you are able to prevent it from being copied and imitated by competitors,
and thereby strengthen your competitive position.

Registering a valuable design contributes to obtaining a fair return on investment made in

creating and marketing the relevant product, and thereby improves your profits.

Industrial designs are business assets that can increase the commercial value of a company
and its products. The more successful a design, the higher is its value to the company.

A protected design may also be licensed (or sold) to others for a fee. By licensing it, you may be
able to enter markets that you are otherwise unable to serve.

Registration of industrial designs encourages fair competition and honest trade practices,
which, in turn, promote the production of a diverse range of aesthetically attractive products.

Requirements for Registration

A Design should:
Be New or Original
Be Distinguishable from known designs
Be applied to an article
Not be disclosed to public in any form
Appeal to eye
Not be contrary to public order or morality

The Designs Act, 2000 - Definitions

Sec 2(a) Article:
Means any article of manufacture and
any substance, artificial or partly
artificial and partly natural and includes
any part of article capable of being made
and sold separately

New or Original
Novelty is judged solely by eye w.r.t.
external appearance of the finished article
Neither constructional details nor utility of
article are relevant for
registration
Novelty may reside in its application to
article
Absolute novelty- i.e. Not publicly known
or used in India or elsewhere.

Original
In relation to design means:
originating from the author of such design
and includes the cases which though old in
themselves yet are new in their application
[sec 2(g)]

What rights are provided by industrial design

protection?
When an industrial design is protected by
registration, the owner is granted
The right to prevent unauthorized copying or
imitation by third parties.
This includes the right to exclude all others from
making, offering, importing, exporting or selling
any product in which the design is incorporated or to
which it is applied.

The law and practice of a relevant country or

region determine the actual scope of protection
of the registered design.

Designs Act, 2000 - Salient Features

Scope of definition of terms Article &

Design enlarged
Addition of definition of the term Original
Introduction of delegation of powers to

Examiners & other Officers by Controller

Codification of non- registerable Designs
Substitution of classification system

(Locarno classification it consists of an international

classification for industrial designs. )

Designs Act, 2000 - Salient Features

Removal of secrecy period of two years for

a registered Design
Public inspection available after notification
Rights of Registered Proprietor defined
Provision of Restoration of Lapsed Design
Electronic Register of Design

Designs Act, 2000 - Salient Features

Initial term of protection for 10 years,

extendable by 5 years on request

Provision for preferring Appeal on the

Controllers order before High Court

Substitution of Applicants before registration

of design
Additional grounds for Cancellation of design

Designs Act, 2000 - Salient Features

Registration of assignments/transfer of right

made mandatory
Penalty for piracy of registered design
enhanced

What are not Registrable

When design to applied to the inner portion of the

article not visible or noticeable in finished article.

Principle or mode of construction of the article
Sole functional features
Part of an article not sold separately
Variation commonly used in trade
Stamps, Labels, Tokens, Medals, Trade Marks ,
Property Marks, Cards, Cartoons.
Mere change in size.
Designs contrary to public order or morality or
scandalous
Computer chip, Integrated circuit designs

The following articles are not registrable

Calendar, certificates, forms, greeting cards,
leaflets, maps, building plan, medals
Mere mechanical devices
Basic shape, variations commonly used in the
trade
Mere workshop alteration
Flags, emblems, or signs of any country,
computer icons

Filing Requirements
Applicant :
Application :

Applicant means any individual or legal

entity.
One application in prescribed form for
one design in one class with prescribed fee.

Representation: Four sets of Representation with the

different views of the article for clear
understanding the nature of article.
Declaration :-

Statement of novelty and disclaimers.

Power of Attorney : (If required).

Filing of Design Application

KOLKATA
H.O.

Delhi

Mumbai

Receiving Center Receiving Center

Receiving & Examination

Chennai
Receiving Center

Particulars required for application

Application form 1 with requisite fee of

Rs. 1,000/
Four sets of Representation sheets in
durable paper of A4 size, pasted with the
photographs/drawings of the article from
different angles.

Power of attorney (if required)

Priority document (for convention Appln.)

Contd

Registration abroad
Industrial design protection is territorial. This
means that industrial design protection is generally
limited to the country or region where you have
registered your design.
It is important to bear in mind that you usually
have six months from the date on which you
applied for protection in the first country to claim
the right of priority when you apply for design
protection in other countries. Once this period
has lapsed, you will be unable to apply for design
protection in foreign countries, as your design will
no longer be considered new.

The National Route: Companies may seek protection by applying

separately to the national IP offices of each country in which they intend to
obtain protection. The process can be rather cumbersome and expensive as
translation into the national languages is generally required as well as
payment of administrative (and sometimes legal) fees.

2. The Regional Route: If you are interested in a group of countries that

are members of regional agreements which enable the registration of
designs in more than one country, then you can consider filing a single
application at the regional IP office concerned.

3. The International Route: Companies that wish to register their designs

internationally in several countries may also use the procedures offered by
the Hague Agreement Concerning the International Deposit of
Industrial Designs, a WIPO-administered treaty

Contd. from previous slide

Indian Cases

Cases
Tahiliani Design Private Ltd. vs. Renu Tandon & Anr.
C.S. (OS) No. 2222 of 2008 Before Honble Delhi High Court

Cases
Tahiliani Design Private Ltd. vs. Renu Tandon & Anr.
C.S. (OS) No. 2222 of 2008 Before Honble Delhi High Court

Allegation that the Defendants garments were copies of the

garments designed and crafted by the Plaintiff
The said garments were supposed to be developed,
designed and crafted by the plaintiff as a part of their
collection for the year 2006
The Honble Delhi High Court vide order dated 21.10.2008
granted ex-parte ad-interim injunction

Cases
Tahiliani Design Private Ltd. vs. Renu Tandon & Anr.
C.S. (OS) No. 2222 of 2008 Before Honble Delhi High Court

Defendant served notice.

Application for vacation of stay moved claiming that both
designs are separate.
The impugned prints are generic Jamawar Prints
Matter is sub-judice Referred to Mediation

Cases
Microfibres Inc vs. Girdhar and Co. and Ors. : 2006(32)
PTC 157 (Del)

Question was whether without a registered design, the plaintiff could

protect the same and whether the copyright was lost because of
more than 50 reproduction of the said upholstery fabric design

The Court although upholding that the motives etc. of the plaintiff
was artistic and also holding that the defendants had copied it, on a
legal and technical argument that more than 50 reproduction had
been made, refused to grant injunction

Cases
Hindustan Sanitaryware & Industries Ltd. vs. Dip Crafts
Industries: 2003(26) PTC163 (Del)

Case under the Designs Act, 2000

Plaintiff had claimed that defendants copied the design Stylush,
Corel and Ultra in respect of bath tubs
Defendant had not established that he had been selling bath tubs
prior to the registration obtained by plaintiff in respect of similar
designs
Plaintiff had a registered design
Sufficient resemblance between the two designs and the plaintiffs
design was protected

Cases
1997(17) PTC 268: Baldev Singh vs. Shriram Footwear

Plaintiff claimed an injunction on the ground that his

designs of shoe soles had distinctive shape and
configuration
During the course of argument, it was revealed that the
plaintiff himself had copied designs from Bata India Ltd.
Thus Court had held that the plaintiff himself being a
pirater, no injunction can be granted in favour of the
plaintiff

Cases
Vikas Jain Vs. Aftab Ahmad And Ors, 2008 (37) PTC 288 (Del)

Suit filed for the infringement as well as passing off of design in Toy
Scooter
The defendant pleaded the prior publication of the design
Another defense taken by the defendant was that the defendant
too was having the registration of the design
Court held that there were various dissimilarities in the prior
published design
The design of the defendant was identical to the design of the
plaintiff
Hence the defendant is not protected even on account of the
registration having been obtained by it which admittedly is the
subsequent registration

Cases
Samsonite Vs. Vijay Sales 1998 PTC 372

Suitcases made by plaintiff

copied by defendant
The entire range was copied
Claim was based on
drawings & copyright
No registered design
No protection granted as it is
manufactured industrially
more than 50 times.

 Thank you