A right of an organization or individual on outer appearance of a product emboided in three-dimensional configuration, lines, colours, or a mix of such features is referred to as industrial design rights.
Industrial design protection rights are valid for ten years and can be renewed once for an additional five years. A design must be non-obvious, visible on the final object, appropriate to the functional article, and have no prior disclosure of publication in order to qualify for protection. The Designs Act, 2000, and Designs Rules, 2001, as amended in 2008, protect and register the aesthetics of any product or article in India. In order to get protected, industrial designs should be;
- Novel and original
- Applicable to a functional
- Visible on a finished
- The design has never been published or disclosed before.
Benefits of Industrial Design Right
Valuable business asset– An industrial design registration can be a valuable business asset for companies. A product’s success is generally determined by its appearance; in an aesthetic-driven consumer base, the appearance of a fashionable product can often be as important as or more essential than its functioning.
Return on investments– Obtaining exclusive rights to a product with a specific appearance can provide a significant return on investment by allowing you to prohibit competitors from copying a popular design.
Exclusive rights protection– You have the right to take your case to court and be awarded for the lost sales as a result of the infringement of your design registration if your industrial design is infringed. This allows you to concentrate on developing products with superior industrial design rather than worrying about knockoffs from competitors.
Unique selling preposition– A registration for an industrial design can also be sold or licensed to others. You may be able to sell or license your industrial design to someone and receive a royalty on their sales, if you do not want or have the capability to make the product protected by your industrial design.
Promotes brand value- Furthermore, your industrial design registration promotes brand value and assist you build goodwill in the trademark sense in a specific shape and look of the object, known as its get-up in trademark law. Having a good reputation in the product development process creates a separate ground for preventing others from stealing your design.
Build reputation– An industrial design registration provides a time of exclusivity that permits your reputation in the design to grow, and then potentially provides those protectable trademark rights that can last indefinitely if enough reputation in the getup is maintained.
Difference between Copyright and Industrial Design Right
|COPYRIGHT||INDUSTRIAL DESIGN RIGHT|
|Copyright is a type of intellectual property that is available for artistic, literary, and musical works.||Designs rights are also a type of intellectual property that protects 3D objects such as cutlery, trade dress, motifs and designs on fabric/ceramic etc.|
|A Copyright Act of 1957 (“Copyright Act”) defines that a copyright exists in any original work that affords the author an exclusive right over it.||The Designs Act 2000 defines a design (“Designs Act”) as an external feature applied to an article and judged only by the eye..|
|when the work gets a tangible form protection under copyright starts.||The design is protected when it is registered.|
|Copyright is an inherent right.||The design is a statutory right.|
|Copyright is protected for the whole life of the author and for fifty years after his/her death.||The design right is valid for fifteen years from the filing date of the relevant application.|