Industrial design (ID) is a combination of applied art and applied science, whereby the aesthetics and usability of mass-produced products may be improved for marketability and production. The role of an industrial designer is to create and execute design solutions towards problems of form, usability, user ergonomics, engineering, marketing, brand development and sales.
Industrial design rights are defined as the part of the intellectual property rights which confers the rights of exclusivity to the visual designs of objects, which are generally not popular utilitarian. It safeguards the appearance, style and design of the industrial object, which includes medical, handicrafts, jewelry, electrical appliances etc.
The industrial design registration helps in safeguarding the ornamental or aesthetic elements of the article. Whenever an industrial design is being registered it gives an exclusionary rights to owner against unauthorized use like copying or imitation by third party without his consent. This in turns facilitates fair flow of investment. Safeguarding of industrial designs help in the overall economic development that promote creativity in the industrial arena.
The Designs Act, 2000 and the Designs Rules, 2001 are governing the India's design law. The industrial design registration grants the proprietor the exclusionary rights of selling, importing and applying it to any product. India has adopted the 'first to file' system, which means that the right holder should file the application on the earliest point of time to rule out the possibility of any other person claiming for the rights of the intended designs. All such persons can apply for the industrial design rights if they are the proprietor of the design and as far as the design is new, not previously published in any nation, reproducible through the industrial means, not against to the public order, distinct from the known designs, not consists of any obscene material, eye catching.
The registration of design is valid for the period of 10 years, which can be extended further for 5 years on the payment of renewable fees. One can transfer the rights of the industrial designs to other person or party with the help of an assignment, transmission or license. Registered designs are kept to be open for public inspection only after they publish in the office gazette by paying the prescribed fees.
Our services in Design matters include as follows :
Filing industrial design applications and obtaining registrations.
Determining the applicability of industrial design protection.
Enforcing industrial design against infringement.
Defending clients against infringement charges by others, as well as representing clients in disputes resolution through either legal proceedings or negotiations.
Filing, prosecuting the Design Cancellation.