industrial design rights (ebl) by vikas

8/7/2019 Industrial Design Rights (EBL) by Vikas

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Amity Business School

INDUSTRIAL DESIGN RIGHTS

SUBMITTED TO :-

Ms. Shinu Vig

SUBMITTED BY :-

Vikas Dubey (B44)

Ashish Tiwari (B35)

Sunny Verma (B45)

Vivek Maurya (B32)


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INTRODUCTION

Industrial design rights are defined as the part ofthe intellectual property rights which confers the

rights of exclusivity to the visual designs of objectswhich are generally not popular utilitarian.

According to the Industrial Design Society ofAmerica (IDSA), "Industrial Design (ID) is the

professional service of creating and developingconcepts and specifications that optimize thefunction, value and appearance of products and

systems for the mutual benefit of both user andmanufacturer."


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Designs are used in different products and acrossthe various industries like medical, handicrafts,

jewelry, electrical appliances etc. It precludes of anytrademark or artistic type of work.

Industrial designs help in making any product or

item more beautiful and appealing ,henceforth theyhelp in increasing commercial viability of productand increases its market potentiality.


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2D Design3D Design

Comic graphics

Design


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The design must be NEW

The design must be ORIGINAL

The design must have INDIVIDUAL CHARACTER

The design can also be protected as copyright (notonly as a Design)

Characteristics of Industrial Design


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Advantages of Industrial Design

The industrial design registration helps in safeguarding theornamental or aesthetic elements of the article.

It gives an exclusionary rights to owner against

unauthorized use like copying or imitation by third partywithout his consent.

industrial designs help in the overall economic

development which promote creativity in the industrial arena.

Industrial design helps in fair flow of investment.


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The Hague Agreement in concern to theinternational deposit of industrial designs, the WIPOadministered treaty, the procedure of theinternational registration has been laid down.

The applicant intended to enjoy the industrialdesign rights can file the application with the WIPOor in the national office of the nations which are

member of the treaty.

WIPO Agreement and Applications


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Each country has an IP Office to enable any

owner/enterprise to apply for protection of IndustrialDesigns.

The Hague agreement which offers at low pricecompared to the private filing system, service ofsearch & protection in countries.

. Due to the application filing with the WIPO, thedesigns will be protected in various member nations

of the treaty.

Cont


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The registration of a design confers the proprietor

copyright in the design for the period of registration.Copyright means the exclusive right to apply thedesign in respect of the article for which it isregistered.

Registration Process


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Who Can Apply For A Design

An inventor or any other person/company assignedby the inventor can apply and obtain the registrationfor the design.

Duration of registration

The term of a design registration is initially for aperiod of ten years. The renewal is possible forfurther period of 5 years.

Contd..


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Remember what cannot be protected

Designs that fail to meet requirements of novelty,originality and/or individual characterDesigns dictated by technical functionDesigns with official symbols or emblemsDesigns contrary to public order or morality

For e.g :- a painting, a sculpture, a drawingincluding a map, chart or plan, an engraving or a

photograph.


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Remedies for InfringementIt is the sole responsibility of the proprietor to see that hisdesign is not being infringed upon by others.

Design rights are granted on a country-by-country basis .

If the proprietor of a design wishes to protect a design inother countries, the owner must seek protection in each

country separately under the relevant laws.

In case of the piracy of the registered designs, then theperson who has contravene the copyright in the designwould be held liable for the fine.


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Amity Business SchoolIDR in India

India's design law is governed by the following acts

in the current scenario :

Designs Act, 2000 :- "Design" has now been defined as only

the features of shape, configuration, pattern, ornament orcomposition of lines or colours applied to any article whether in twodimensional or 3D or in both forms. The Design should be new andoriginal and has not been disclosed to the public in India or any othercountry.

Designs Rules, 2001 :-The industrial design registrationgrants the proprietor the exclusionary rights of selling, importing andapplying 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 personclaimin for the ri hts of the intended desi ns.


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The following conditions should be fulfilled by theperson claiming for these rights :

The filing of the application has to be done in a proper manner and the authenticholder should claim for the rights so that no other person can claim for the same.

The design that the person claims for should be original.

Only those proprietors can file for a design who have established their businesscentre in India.

Proper examination of the applicants will be done by the renowned offices of designso that the availability of the designs is assured.

Any objection must be responded within 3 months of intimation failing which theapplication will be liable to be rejected.


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Controller of Designs, based on the responses to the objections decides upon theacceptance or rejection of the application.

The validity of design registration is 10 years which is extended to 5 years on renewal.

The proprietor can pass the rights to other party or person through transmission,licence and agreement.

There are some artistic works which are not possible for registration.

Penalty for contravening the copyright of the design may range between Rs. 25,000 toRs. 50,000 .

Cancellation of design is decided by the Controller of Designs which can be cancelled

by paying the prescribed amount of fees with the cancellation petition form.

Cont..


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industrial design rights (ebl) by vikas

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