IP | Industrial design | B4

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Blog 4 : Industrial design

Industrial design rights cover those elements of a product that are aesthetic or ornamental – the way it looks and feels.

 These aesthetic aspects can be hugely important in the modern economy. Nowadays consumers face an enormous choice of products, including many that offer the same basic functionality. So they will tend to choose the one with the design they find most attractive within their price range. Industrial designs are applied to a wide variety of industrial products and handmade goods: cars, telephones, computers, packaging and containers, technical and medical instruments, watches, jewelry, electrical appliances, textile designs, and many other types of goods.

 

What designs can be protected?

Industrial design law only protects those aspects of a product that are ornamental; its technical features may be protected by patent, if they meet the requirements for patent protection.

A design may consist of three-dimensional features, such as the shape or surface of an article, or two-dimensional features such as patterns, lines or color.

To qualify for protection as an industrial design under most national laws, the design must be new and show a degree of originality or individuality, meaning that it is not identical or very similar to any previous design. Moreover, it must be capable of being produced industrially, so unique artworks are not covered.

 Industrial design rights

Industrial design rights entitle the right holder to control the commercial production, importation and sale of products with the protected design.

As with most other forms of IP, owners can exploit design rights themselves, or license or sell them to others, and can sue in the relevant national court to prevent infringement of their rights. This means that

owners have a fair chance to recoup their investment in design, encouraging such investment.

Industrial design rights last for a limited period. This varies among countries, but the maximum period of protection in a country will be at least ten years. In many countries, owners need to renew their registration every few years if they want to keep the design protected for the maximum possible period.

 

 

Different national design laws

Industrial designs are protected in different ways in different countries. In most cases, a firm or designer will need to register their design in order to protect it, but some countries also give limited protection to unregistered designs, and in some countries protection is by means of “design patents”.

In certain countries, some industrial designs may be regarded as artistic works covered by copyright. This can be advantageous to the right holder because the term of protection for copyright is much longer than for a registered design.

In some countries it may also be possible to protect designs using national laws against unfair competition.

 

Obtaining protection

Industrial design rights are territorial, so designers or firms may need to deal with many different national systems if they want protection in many countries. However, regional systems exist for some groups of countries.

WIPO administers the Hague System. Under the Hague Agreement Concerning the International Registration of Industrial Designs, applicants can file a single international application covering up to 100

designs in as many signatory states as they choose.

 

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