Home | Sources Directory | News Releases | Calendar | Articles | RSS Sources Select News RSS Feed | Contact |  

Industrial design right

Intellectual property law
Primary rights

Copyright â Patent â Trademark â Industrial design right â Utility model  â Geographical indication â Trade secret â Authors' rights â Related rights â Moral rights

Sui generis rights

Database right â Mask work  â Plant breeders' rights  â Supplementary protection certificate  â Indigenous intellectual property

Related topics

Criticism â Orphan works â Public domain  â more

An Industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.

Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired. Design rights started in the United Kingdom in 1787 with the Designing and Printing of Linen Act and have expanded from there.

Contents

[edit] Legislations

[edit] Kenya

According to industrial property Act 2001, an industrial design is defined as "any composition of lines or colours or any three dimensional form whether or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as pattern for a product of industry or handicraft" .

An industrial design is registrable if it is new. An industrial design is deemed to be new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form or, in Kenya by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. However a disclosure of the industrial design is not taken into consideration if it occurred not earlier than twelve months before the filing date or, where applicable, the priority date of the application and if it was by reason or in consequence of acts committed by the applicant or his predecessor in title; or an evident abuse committed by a third party in relation to the applicant or his predecessor in title.

[edit] India

India's Design Act, 2000 was enacted to consolidate and amend the law relating to protection of design and to comply with the articles 25 and 26 of TRIPS agreement. The new act, (earlier Patent and Design Act, 1911 was repealed by this act) now defines "design" to mean only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two or three dimensional, or in both forms, by any industrial process or means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction.[1]

[edit] Canada

Canada's industrial design act affords ten years of protection to industrial designs that are registered; there is no protection if the design is not registered. The Industrial Design Act (R.S., c. I-8) defines "design" or "industrial design" to mean features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye.

During the existence of an exclusive right, no person can "make, import for the purpose of trade or business, or sell, rent, or offer or expose for sale or rent, any article in respect of which the design is registered." The rule also applies to kits and substantial differences are in reference to previously published designs.

[edit] Europe

Registered and unregistered Community designs are available which provide a unitary right covering the European Community. Protection for a registered Community design is for up to 25 years, subject to the payment of renewal fees every five years. The unregistered Community design lasts for three years after a design is made available to the public and infringement only occurs if the protected design has been copied.

[edit] United Kingdom

In addition to the design protection available under Community designs, UK law provides its own national registered design right and an unregistered design right. The unregistered right, which exists automatically if the requirements are met can last for up to 15 years. The registered design right can last up to 25 years subject to the payment of maintenance fees.

[edit] Japan

Article 1 of the Japanese Design Law states: "This law was designed to protect and utilize designs and to encourage creation of designs in order to contribute to industrial development". The protection period in Japan is 15 years from the day of registration.

[edit] United States

U.S. design patents last fourteen years from the date of grant and cover the ornamental aspects of utilitarian objects. Objects that lack a use beyond that conferred by their appearance or the information they convey, may be covered by copyrightâa form of intellectual property of much longer duration that exists as soon as a qualifying work is created. In some circumstances, rights may also be acquired in trade dress, but trade dress protection is akin to trademark rights and requires that the design have source significance or "secondary meaning." It is useful only to prevent source misrepresentations; trade dress protection cannot be used to prevent others from competing on the merits.

[edit] Bibliography

  • Brian W. Gray & Effie Bouzalas, editors, Industrial Design Rights: An International Perspective (Kluwer Law International: The Hague, 2001) ISBN 90-411-9684-6

[edit] See also

[edit] References

  1. ^ The Design Act, 2000 (16 of 2000) www.patentoffice.nic.in

[edit] External links



Related Articles & Resources

Sources Subject Index - Experts, Sources, Spokespersons

Sources Select Resources Articles







This article is based on one or more articles in Wikipedia, with modifications and additional content by SOURCES editors. This article is covered by a Creative Commons Attribution-Sharealike 3.0 License (CC-BY-SA) and the GNU Free Documentation License (GFDL). The remainder of the content of this website, except where otherwise indicated, is copyright SOURCES and may not be reproduced without written permission. (For information call 416-964-7799 or use the Contact form.)

SOURCES.COM is an online portal and directory for journalists, news media, researchers and anyone seeking experts, spokespersons, and reliable information resources. Use SOURCES.COM to find experts, media contacts, news releases, background information, scientists, officials, speakers, newsmakers, spokespeople, talk show guests, story ideas, research studies, databases, universities, associations and NGOs, businesses, government spokespeople. Indexing and search applications by Ulli Diemer and Chris DeFreitas.

For information about being included in SOURCES as a expert or spokesperson see the FAQ or use the online membership form. Check here for information about becoming an affiliate. For partnerships, content and applications, and domain name opportunities contact us.


Sources home page