Intellectual Property Rights In Industrial Design

INTRODUCTION

Intellectual property rights (IPR) have been defined as ideas, inventions, and creative expressions, which are, bestowed the status of property on account of public willingness. Exclusive rights are provided to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation.

Along with Patents, Trademarks and Copyrights owing vital importance under the IP Law, Industrial Designs have also become fundamentally necessary with the emerging technology in the manufacturing and industrial sector.

At the junction of artistry and industry, industrial designs are applicable to different product lines and markets and nature of protection varies from cultural artistic
If a good design is to be encouraged and respected by others in lieu of further more innovations, the success due to the hard work of the persons responsible for the production of the design must be protected against the promiscuous taking. Protection and promotion of the same has increased the need and vitality for evolution of a legal system. The protection of Designs began in United Kingdom with the Designing and Printing of Linen Act, 1787. Later in the development of law for protection of designs, the International Society adopted the Paris Convention. In India, the Patents and the Designs Protection Act, 1872 was the first legislation passed for protection of Industrial Designs. The Inventions and Designs Act, 1888 reenacted the law for protection of inventions and designs and the provision for design was mentioned in a separate part. India then as a signing member of the Paris Convention passed the Designs Act, 1911 to offer protection to industrial designs in lieu with the stipulations of the Convention. After India became a part of the WTO in 1995, Designs Act, 2000 was passed repealing the 1911 Act in compliance with the TRIPS agreement. The aim of the Design Law was to promote and protect the design element of industrial production and the promotion of innovative activity of the manufacturing
The originality resides in the presentation of an already accepted shape or pattern to a new subject matter. Features of shape, configuration, prototype or ornamentation applied or applicable to an article should connect with the design. Thus, designs of industrial plans, layouts and installations are not registrable under the Indian Design Act. Application of the design to any article by any industrial process is enumerated and focused upon under the Act. Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act.
The article must be appealing to the eye, as the utility of it will only be derived when it first strikes by its appearance. This implies that
• The finished article should showcase the design. Thus, any design in the inside arrangement of a box, money purse screening the open state of the article may not be relevant as the product is available in the market in its closed