International Design Protection

Introduction:

Designs as a first impression leads one to think of handicrafts, ethnically oriented goods and products with a strong provenance. It is true also, that such goods do have their own charm and appeal hence come under the umbrella of Geographical Indications, a part of the Intellectual property regime.  Cultural influences play a huge role and these handicrafts could be made/constructed/customized with or without manual tools.  Hence, designs often leading onto ‘designer’ goods that could be ‘custom made’ or ‘made to order’ to a ‘limited edition’ implied that such products belonged to the ‘elite’ as they were only few and far-between and on had to have the patience and means to afford them.

This brings us to the crux of the matter at hand being ‘Industrial Designs’.  To an extent the caption is self explanatory.  When Industrial Revolution happened there began mass production of goods bringing down costs thereby, increasing reach and affordability. Pertinent to note that industrial revolution fused form, functionality and aesthetics as an integral part of the goods and not only the ‘look and feel’ of the product that was prominent as with handicrafts.  This became an inflection point where copying and ripping off of the designs started to occur.  Therein brought about the need for a comprehensive protection of these designs through laws. www.paritypatent.com is a leading firm offering complete solutions in the entire intellectual property spectrum.

Differentiation between Handicrafts and Industrial Designs:

As aforementioned, handicrafts are subject to whims and fancies of the concerned crafts persons.  Whereas, industrial designs are characterized by the separation of design from manufacture.  The creative aspect and designing and defining a product’s form, functionality, feature et.al., is done well in advance and in most cases by a separate team of specialists taking into consideration prevailing trends and biases of the target audience.  Unlike made to order handicrafts, designers today could be trend setters through quirky designing which packs an element of surprise to unsuspecting customers thus making their favourite products much awaited and hyped about before their launch.  These designs are then sent to the manufacturing units at the concerned industry who may or may not be related to the design team at all.

Legal Definition:

In order to protect industrial designs, the legal definition of the same has to be looked at which is as below:

Legally an Industrial design is:

• The outward appearance of a product or part of it.
• The lines, shapes, contours, shapes and patterns along with ornamentation that constitute the design.
• Industrial designs must be capable of being produced / manufactured industrially several times over.
• It is very important to note that, industrial designs are not related to the ‘functionality’ aspect of a product as that would fall under the scope of patent protection.

Benefits of Industrial Design protection:

• To derive benefits out of Industrial Designs Protection, the designs have to be new and original.  
• Designs registration gives exclusivity over the registered design which counters copying, selling counterfeit goods, parallel imports in the grey and black markets thereby preventing unlawful gains by unscrupulous persons.
• Designs registration gives statutory rights to sue the infringers by way of civil and criminal remedies and compensation in courts of law.

Essentialities of International Designs Registration and Protection:

It is important to register designs in as many countries as possible  because:

• International protection of industrial designs by way of design filings in as many countries as possible will help in better valuation and commercialisation. 
• Protection to industrial designs globally is subjected national laws of the respective countries aided and facilitated by international industrial designs protection regime.

As aforementioned, www.paritypatent.com with its colleagues in 135 countries is equipped in filing international designs applications in the applicant’s chosen countries.

International protection of Industrial Designs:

Internationally, Industrial Designs are protected through various international treaties and conventions such as:

• The ARIPO treaty for  former English  colonies in the African Region
• OAPI treaty for former French colonies in the African Region
• European Union Community Designs Protection by OHIM
• The Hague System of International Design Registration

From amongst the above, the Hague System of International Design Registration is most important for those looking to cover many countries at one go.  The remaining three are self explanatory and are the best choices when the applicant wishes to register their designs in countries not party to the Hague Agreement.

The Hague System:- Some Important Pointers:

(i) Who may apply: Members that are party to the Hague Union.

(ii) Filing of the application:  A single application is filed with the International Bureau of WIPO.

(iii) The Result:  A single international registration with individual effect in each of the members of the Hague Union which may be States (Countries) or Intergovernmental Organisations as designated.

(iv) The Benefit:                     

• A huge time and money saver by enabling applications acquire Industrial designs protection in multiple countries through a single international application. 
• Replaces applicant having to approach each country separately with individual applications thus escalating time and money threatening to undermine the efficacy of the industrial design.

(v) Components of the Hague Agreement:

• The Geneva Act of July 1999
• The Hague Act of November 1960

(vi) Important Aspect: The Hague System cannot be used to protect an industrial design in a country not party to the Hague Agreement. The above Acts are applicable to a designated contracting party from amongst the 1960 and 1999 Acts.

(vii) Further Information: Detailed information regarding filing of International applications, examination, publication of applications, remedies attains refusal of registration of applications, procedure upon grant of the application, term of protection et.al., please visit our website www.paritypatent.com which contains detailed guides and F.A.Q.s