Industrial Designs: Subject Matter of Protection and Requirements

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Industrial Designs: Subject Matter of Protection and Requirements

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1. Introduction

Industrial designs are aesthetic aspects of products, such as shape, configuration, pattern, ornamentation, or color. They enhance the visual appeal of products and can influence consumer choice. Protecting industrial designs encourages creativity, innovation, and fair competition in industries.

In India, industrial designs are protected under the Designs Act, 2000.

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2. Subject Matter of Protection

The subject matter refers to the types of designs and features eligible for legal protection under the Designs Act, 2000.

Section 2(d) of the Designs Act defines a design as:

“Features of shape, configuration, pattern or ornament or composition of lines or colours applied to any article, which in the finished article appeal to and are judged solely by the eye.”

elements eligible for protection:

1. Shape or Configuration:
   • Three-dimensional features of a product (e.g., bottle shape, furniture design).
2. Pattern or Ornamentation:
   • Two-dimensional features like printed patterns, lines, or decorative designs.
3. Colour Composition:
   • Combination of colours that enhance the product’s visual appeal.
4. Applied to an Article:
   • Must be applied to a physical, industrially manufactured article.

What is not protected:

• Functional or mechanical aspects of a product.
• Methods of construction or operational principles.
• Trademarks, logos, or purely artistic works protected under copyright.

In simple words:

Only the look and appearance of a product is protected, not how it works.

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3. Requirements for Protection

To qualify for legal protection, a design must meet the following essential requirements:

Requirement	Explanation (Easy Language)
Novelty / Originality	Design must be new and original. Cannot have been published, sold, or publicly used anywhere in the world before the date of application.
Aesthetic Appeal	Design must appeal to the eye. It should be judged on its visual features, not functionality.
Applied to an Article	Must be applied to a product that can be manufactured industrially. Mere drawings or ideas are insufficient.
Industrial Applicability	Design should be reproducible in multiple copies by any industrial process (manual, mechanical, chemical).
Not Contrary to Public Order / Morality	Designs that are offensive, immoral, or against public policy cannot be registered.
Distinguishable from Existing Designs	Must be significantly different from prior designs. Small cosmetic differences may not qualify.

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4. Legal Provisions

• Section 6 of Designs Act: Deals with registration of designs.
• Section 15: Exclusivity: Registration prevents others from copying, making, selling, or importing articles with the design.
• Section 22: Punishment for piracy or infringement of registered designs.

Duration of protection:

• Initially 10 years from registration.
• Extendable by 5 years (total 15 years).

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5. Case Law Illustrations

1. Bharat Glass Tube Ltd v. Gopal Glass Works Ltd (2008)

   • Fact: Registered glass sheet design allegedly copied.
   • Decision: Registration canceled due to lack of novelty.
   • Principle: Novelty is essential; prior use/publication destroys protection.

2. TTK Prestige Ltd v. Gupta Light House (2023)

   • Fact: Pressure cooker design copied.
   • Decision: Design valid; minor functional aspects do not prevent protection.
   • Principle: Appearance is the primary consideration.

3. Microfibres Inc v. Girdhar & Co

   • Fact: Textile design mass-produced.
   • Decision: Design must be registered under Designs Act if produced industrially >50 copies.
   • Principle: Industrial application is crucial.

4. Whirlpool India Ltd v. Videocon Industries Ltd (2014)

   • Fact: Washing machine design copied.
   • Decision: Minor cosmetic changes do not avoid infringement.
   • Principle: Substantial copying constitutes infringement.

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6. Summary / Exam Notes

• Subject Matter: Visual features of a product (shape, pattern, color) applied to an industrial article.
• Requirements: Novel, original, visually appealing, industrially applicable, not immoral, significantly distinguishable from prior designs.
• Key Takeaway: Functional features alone are not protected; only the appearance matters.
• Case Law Support: Shows importance of novelty, aesthetic appeal, industrial application, and protection against infringement.

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7. Conclusion

Industrial designs protection is crucial to reward creativity, prevent unfair copying, and encourage innovation in industries. Understanding the subject matter and requirements ensures that designers can secure effective legal protection for their creations.

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