Industrial Design Overview
Protection can be acquired for the shape, structure, and form of intellectual property known as Industrial Design. An industrial design can be defined as that part—the form, shape, and structure or design (in entirety) of an article—which is ornamental in nature as well as aesthetic.
It can be multi-dimensional. It may possess uniqueness of shape and surface of the article in a three-dimensional article, or a combination of patterns, lines, and colors in a two-dimensional article.
Appearance vs Functionality
Industrial design is applicable for a wide range of products, from luxury items to industrial and medical items, electronic products to automobiles, and from textile designs to articles for leisure. An industrial design must always relate to the appearance of an article and not its technical functionality (which is protected via Patents).
If you have created a new and unique form, design, or shape of an article, then you should acquire protection for its visual uniqueness.
Why Design Rights?
By obtaining protection for the ornamental design, the proprietor of the product gets a right against its unauthorized use by any third party. Since industrial designs are that characteristic of an article which makes it stylish, aesthetically appealing, and attractive, they boost the commercial value of the product and facilitate its commercialization.
Industrial design protection is favorable to fair competition, encourages creativity, and in turn leads to more creative and aesthetic products. Also, industrial design protection introduces uniqueness and creation in various sectors like manufacturing and industrial engineering, contributing to an expanse of commercial activities and escalating the worth as well as potential of products in the market.
Therefore, industrial design protection benefits both the creator and the end-user in general. To be registered, the design must be new, original, and capable of being reproduced through industrial manufacturing.
Duration of Protection & Legal Frameworks
In India, industrial designs are governed by **The Design Act of 2000**, which sets the standards of protection and provides safeguards to unique, original, and aesthetic designs capable of being produced by industrial means.
Duration and Territory Boundaries
Duration of Protection: An industrial design is typically protected for 10 years in India. This term can be renewed or extended for a maximum of 5 years upon application and payment of prescribed fees, yielding a maximum total of 15 years.
Territorial Limits: The protection sought is limited to the country of India. If you want protection in other countries, separate applications must be prepared where procedures and classifications will differ.
When your unique design is registered at the national design office, you are ensured an absolute right against its unauthorized usage or imitation by third parties.
How to File for Your Design in India?
There are two primary options when it comes to filing a design application at the Indian Design Office. You can file a design application for protection of your design physically or online through the portal.
All types and kinds of designs are classified in accordance with the international **Locarno classification** system, and filing is done by identifying the appropriate class for that particular design.