INDUSTRIAL DESIGN
WHAT IS INDUSTRIAL DESIGN?
Industrial design is the decorative or aesthetic aspect of an item. Design can consist of three-dimensional features, such as the shape or surface of an item, or two-dimensional features, such as motifs, lines, or colors.
Industrial designs apply to a wide range of industrial and handicraft products: from technical and medical instruments to watches, jewelry and other luxury goods; from didactic computer programs and household appliances to architectural structures; from textile designs to entertainment goods.In order to be subject to protection, a design must be eye-catching. This means that industrial design is, first and foremost, of an aesthetic nature and does not protect any technical characteristics of the items to which it applies.
WHY IS INDUSTRIAL DESIGN PROTECTED?
Industrial designs are what make an article attractive and likable. As a result, they add commercial value to a product and increase its marketability.
When an industrial design is protected, the owners – the individual or company that registered the design – are granted the exclusive right against unauthorized copying or imitation of the design by third parties. This helps to get a fair return on investment. An effective protection system also benefits consumers and the general public by promoting fair competition and fair trade practices.
The protection of industrial designs aids economic development by fostering the creative element in the industrial and manufacturing sectors, as well as in the traditional arts and crafts. They affect the expansion of trade activities and the export of domestic products.
Creating and maintaining industrial designs can be relatively simple and inexpensive. They can be reasonably provided by small and medium enterprises, as well as by individual artists or artisans.
HOW CAN INDUSTRIAL DESIGN BE PROTECTED?
In order to enjoy protection, industrial design must be registered, in accordance with the Industrial Design Act. In order to register, the design must be new. New implies that no similar or very similar design has ever existed before. When the design is registered, a registration certificate is issued.
WHAT ARE THE RIGHTS OF THE INDUSTRIAL DESIGN OWNER?
The owner of the industrial design has the right to decide who may or may not use the industrial design. The owner of the industrial design may authorize or license the other parties to use the design, subject to mutually agreed terms. The owner can also sell the industrial design right to someone else, who then becomes the new owner of the industrial design. Industrial design protection expires on the expiration date and the industrial design enters for public use.
HOW IS AN INDUSTRIAL DESIGN REGISTERED?
The following procedural steps should be taken:
1) Submission of an application for registration of industrial design, containing:
- Design View
- Graphic side