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    Ipr V

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    The document discusses industrial designs, which are the ornamental or aesthetic aspects of articles. Industrial designs can be protected through registration under industrial design laws of most countries. Protection lasts generally for 5 to 15 years and is limited territorially but international protection is possible through the Hague Agreement. Protecting industrial designs helps ensure return on investment and competitiveness by preventing copying.

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    Ipr V

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    The document discusses industrial designs, which are the ornamental or aesthetic aspects of articles. Industrial designs can be protected through registration under industrial design laws of most countries. Protection lasts generally for 5 to 15 years and is limited territorially but international protection is possible through the Hague Agreement. Protecting industrial designs helps ensure return on investment and competitiveness by preventing copying.

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    The document discusses industrial designs, which are the ornamental or aesthetic aspects of articles. Industrial designs can be protected through registration under industrial design laws of most countries. Protection lasts generally for 5 to 15 years and is limited territorially but international protection is possible through the Hague Agreement. Protecting industrial designs helps ensure return on investment and competitiveness by preventing copying.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    40 views5 pages

    Ipr V

    Uploaded by

    api-3764597
    The document discusses industrial designs, which are the ornamental or aesthetic aspects of articles. Industrial designs can be protected through registration under industrial design laws of most countries. Protection lasts generally for 5 to 15 years and is limited territorially but international protection is possible through the Hague Agreement. Protecting industrial designs helps ensure return on investment and competitiveness by preventing copying.

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    ________________________________________

    ____________________
    ____

    MODULE 6: INDUSTRIAL DESIGNS


    ________________________________________________________________

    What is an industrial design?

    An industrial design is the ornamental or aesthetic aspect of an article.


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

    Industrial designs are applied to a wide variety of products of industry and


    handicrafts such as technical and medical instruments, watches, jewelry,
    houseware, electrical appliances, vehicles, architectural structures, textile
    designs, leisure goods and other luxury items.

    To be protected under most national laws, an industrial design must appeal


    to the eye. This means that an industrial design is primarily of an aesthetic
    nature, and does not protect any technical features of the article to which it is
    applied.

    1
    How can industrial designs be protected?

    1) In most countries, an industrial design must be registered in order


    to be protected under industrial design law.

    As a general rule, to be registrable, the design must be “new” or


    “original”. Different countries have varying definitions of such terms, as well as
    variations in the registration process itself. Generally, “new” means that no
    identical or very similar design is known to have existed before. Once a design is
    registered, a registration certificate is issued.

    2) Depending on the particular national law and the kind of design, an


    industrial design may also be protected as a work of art under copyright law.
    In which case registration is not required.

    In some countries, industrial design and copyright protection can exist


    concurrently. In other countries, they are mutually exclusive: once the owner
    chooses one kind of protection, he can no longer invoke the other.

    3) In certain countries, an industrial design may also be protected


    against imitation under unfair competition law.

    2
    What kind of protection is provided by industrial designs?

    The owner of a protected industrial design is granted the right to prevent


    unauthorized copying or imitation of the design by others. This includes the
    right of making, offering, importing, exporting or selling any product in which the
    design is incorporated or to which it is applied. He may also license or
    authorize others to use the design on mutually agreed terms. The owner may
    also sell the right to the industrial design to someone else.

    How long does the protection last?

    The term of protection under industrial design laws is generally five years,
    with the possibility of further periods of renewal up to, in most cases, 15 years.

    3
    Are there territorial restrictions to industrial design protection?

    Generally, industrial design protection is limited to the country in which


    protection is granted. Under the Hague Agreement Concerning the International
    Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an
    international registration is offered. An applicant can file a single international
    deposit with WIPO. The design will then be protected in as many member
    countries of the treaty as the applicant wishes.

    4
    Why protect industrial designs?

    Industrial designs make an article attractive and appealing, thereby adding


    to its commercial value and increasing its marketability.

    Protecting an industrial design:

    - helps to ensure a fair return on investment;


    - improves the competitiveness of a business against copying and
    imitating the design by competitors;
    - helps to increase the commercial value of a company, as successful
    industrial designs constitute business assets;
    - encourages creativity in the industrial and manufacturing sectors, as
    well as in traditional arts and crafts.

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