INDUSTRIAL DESIGNS
OVERVIEW
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, design of the industrial
object such as a spare parts,textiles,furniture.
According to the Industrial Design
Society of America (IDSA), “ Industrial
Design is the professional service of creating and developing concepts and
specifications that optimize the function, value and appearance of products and
systems for the mutual benefit of both user and manufacturer”.
As these designs consist of the aesthetic features therefore
they do not provide any protection to the technical feature of the article. The
origin of the design rights can be tracked back in the United Kingdom as
‘Designing and Printing of Linen
Act’(1787).
Design are used in different products
and across the various industries like medical,handicrafts,jewellery,electrical
appliances etc.It precludes of any trademark or artistic type of work. In India
the ever first design related legislation was enacted by the British Government
and was named as the Design Act,1911.
ADVANTAGES OF INDUSTRIAL DESIGN RIGHTS
Industrial designs help in making any
product or item more beautiful and appealing ,henceforth they help in
increasing commercial viability of product and increases its market
potentiality. The industrial design registration helps in safeguarding the
ornamental or aesthetic elements of the article. Whenever an industrial design
is being registered, it gives
exclusionary rights to the owner against unauthorized use like copying or
imitation of third party without his consent. This in turns felicitates fair
flow of investment. An effectual system also helps in benefiting public by
encouraging fair and effective competition and trading practices which at large
bolster the creativity and the final result comes in the form of attractive and
beautiful products. Safeguard of industrial designs help in the overall
economic development, which promote creativity in the industrial arena.
INDIAN DESIGNS ACT, 2000
The Design Act,2000 has been enacted to
consolidate and amend the law relating to registration and protection of new and original industrial designs. It
repealed and replaced the Designs Act,1911.According to the Designs
Act,2000,the term ‘design’ means only the features of
shape,configuration,pattern,ornamentor composition of lines or colours applied
to any article whether in two dimensional or three dimensional or in both
forms, by any industrial process or means, whether manual, mechanical or
chemical, separate or combined, which in the finished article appeal to and are
judged solely by the eye; but does not include any mode or principle of
construction or anything which is in substance a mere mechanical device, does
not include any trademark as defined in the Indian Penal Code or any artistic
work as defined in the Copyright Act,1957”
Under the Act, the controller-General of
Patents, Designs and Trade Marks under Department of Industrial Policy and
promotion, Ministry of Commerce and Industry is the controller of designs. The
Controller General of Patents, Designs and Trade Marks directs and supervises
the functioning of ‘Industrial Designs Wing’. The registration of industrial
design under the Designs Act id done by the ‘Industrial Designs Wing’. The
registration of industrial design under the Design Act is done by the
‘Industrial Designs Wing’ of the Head Office of Patents located at Kolkata,
West Bengal.