Industrial Designs –
(a) Need for Protection of Industrial Designs
Industrial design protection is necessary because it encourages innovation, stops unfair competition, and gives commercial and legal benefits.
1. Encourages Creativity and Innovation
- Protection gives designers confidence to invest in new and attractive designs.
- Example: designing a new perfume bottle or mobile phone body.
2. Prevents Copying / Unfair Competition
- Section 22 of the Designs Act, 2000 prohibits copying of registered designs.
- Example: If Company A designs a unique chair and Company B copies it, Company A can sue.
- This ensures a fair market and protects the owner’s investment.
3. Gives Exclusive Rights (Section 11)
- A registered design gives the exclusive right to make, sell, or use the design for 10 years, extendable by 5 more years under Section 11(2).
- Example: Exclusive rights on a new car body design.
4. Increases Commercial Value
- Attractive designs improve product demand and branding.
- Example: unique jewellery designs or fashion clothing patterns.
5. Promotes Industrial & Economic Growth
- Many industries (fashion, electronics, packaging, automobiles, toys) depend on new designs.
- Protection encourages companies to invest in design development, boosting the economy.
6. Legal Certainty & Market Monopoly
- Registration under the Designs Act ensures legal protection, allowing the owner to sue infringers or license the design.
(b) Subject Matter of Protection & Requirements
Industrial designs protect the aesthetic / visual features of articles, not the functional aspects.
1. Subject Matter (What Can Be Protected)
Section 2(d) – Definition of Design:
A design refers to the features of shape, configuration, pattern, ornamentation applied to an article by any industrial process, appealing to the eye.
(i) Shape (3D)
- The three-dimensional form of an article.
- Example: Bottle shape, chair, car body.
(ii) Configuration
- Arrangement of parts or composition of features.
- Example: layout of a watch face or electronic gadget.
(iii) Pattern (2D)
- Surface decorations or prints.
- Example: Textile designs, wallpaper prints.
(iv) Ornamentation
- Artistic surface features like engraving or embossing.
- Example: Jewellery or decorative homeware.
Important: Only aesthetic appeal is protected; function or utility is not.
2. What Cannot Be Protected
- Purely functional shapes.
- Designs that are already published.
- Designs with trademarks, logos, or artistic works under Copyright Act.
- Designs against public morality or order.
- Building/architecture plans.
3. Requirements for Registration (Essential Conditions)
(i) Novelty & Originality (Section 4)
- Design must be new, original, and not published anywhere in the world.
- Case Law: Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008)
Court held that even small visual differences can establish novelty.
(ii) Applied to an Article (Section 2(a))
- Design must be applied to a physical article, reproducible industrially.
- Example: Mobile back-panel or furniture.
(iii) Eye Appeal (Section 2(d))
- Design must look attractive to the human eye.
- Case Law: Microfibres Inc. v. Girdhar & Co. (2009) – purely functional shapes cannot be protected.
(iv) Non-Functional
- The shape should not be dictated solely by function.
- Case Law: Philips Electronics v. Remington (2009) – hair trimmer shape essential for function cannot be protected.
(v) Not Previously Published (Sections 4 & 19)
- Design must be new, unpublished in India or abroad.
- Case Law: T. M. Enterprise v. P. K. Mfg. Co. (2009) – design cancelled due to prior publication.
(vi) Clear Representation (Rule 14)
- Design must be shown clearly in drawings or photos for registration.
(c) Rights of Registered Proprietor
Sections 11, 22, 30
- Exclusive right to manufacture, sell, or use design.
- Right to sue for piracy or infringement.
- Can assign or license design to others.
(d) Remedies for Infringement (Section 22)
- Owner can claim damages or account of profits.
- Injunctions to stop copying.
- Penalty: up to ₹25,000 per design, maximum ₹50,000 per article.
Exam-Friendly Conclusion
- Industrial design protection focuses on appearance, not function.
- Sections 2(d), 4, 11, 19, 22 are most important.
- Courts (Bharat Glass, Microfibres, Philips) emphasized that designs must be new, original, applied to articles, non-functional, and visually appealing.
- Protection encourages creativity, fair competition, industrial growth, and legal rights.
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