Briefly explain the overview of Industrial Design (ID). Summarize the Non-Protectable Industrial Designs in India.
Answer:-
INDUSTRIAL DESIGNS
- The word ‘Design’ is defined as the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article. The Design may be of any dimension i.e. one or two or three dimensional or a combination of these.
- In addition, it may be created by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and is judged solely by the eye.
- But the word Design does not include any mode or principle of construction or anything which is in substance a merely mechanical device.
- The main object of registration of industrial Designs is to protect and incentivize the original creativity of the originator and encourage others to work towards the art of creativity.
ELIGIBILITY CRITERIA
- The Design for which the protection is being sought must be novel or original i.e., should not be disclosed to the public by prior publication or by prior use or in any other way.
- The Design should be significantly distinguishable from the already registered Designs existing in the public domain.
Some of the famous Industrial Designs are mentioned below:
Coca-Cola Bottle, iPhone, Mini Cooper, Juicy salif, Rocking wheel chair etc
NON-PROTECTABLE INDUSTRIAL DESIGNS INDIA
- Any Industrial Design which is against public moral values.
- Industrial Designs including flags, emblems or signs of any country.
- Industrial Designs of integrated circuits.
- Any Design describing the process of making of an article.
- Industrial Designs of – books, calendars, certificates, forms and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
- The artistic work defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration for Industrial Designs, such as:
- Paintings, sculptures, drawings including a diagram, map, chart or plan.
- Photographs and work of architecture.
- Any other work related to artistic craftsmanship.
- Industrial Designs does not include any Trademark (The Designs Act, 2000)