29 March 2014

INDUSTRIAL DESIGNS AS A PART OF IPR

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 It repealed and replaced the Designs Act,1911.According to the Designs Act,2000,the term ‘design’ means only the features of shape,configuration,pattern,ornamentor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.