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    Summary For Module 6 - Industrial Design

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    Rishabh Jain
    An industrial design relates to the ornamental or aesthetic appearance of an article. It can include three-dimensional or two-dimensional design features. Industrial designs can be protected through registration or design patents in most countries, which grants the creator exclusive rights against unauthorized copying for at least 10 years. Protection of industrial designs is territorial, so separate applications must be filed in each country where protection is sought, though the Hague Agreement facilitates international registration of designs with WIPO. The next module will cover patents as another form of industrial intellectual property protection.

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    Summary For Module 6 - Industrial Design

    Uploaded by

    Rishabh Jain
    166 views1 page
    An industrial design relates to the ornamental or aesthetic appearance of an article. It can include three-dimensional or two-dimensional design features. Industrial designs can be protected through registration or design patents in most countries, which grants the creator exclusive rights against unauthorized copying for at least 10 years. Protection of industrial designs is territorial, so separate applications must be filed in each country where protection is sought, though the Hague Agreement facilitates international registration of designs with WIPO. The next module will cover patents as another form of industrial intellectual property protection.

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    Summary for Module 6 - Industrial Design

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    An industrial design relates to the ornamental or aesthetic appearance of an article. It can include three-dimensional or two-dimensional design features. Industrial designs can be protected through registration or design patents in most countries, which grants the creator exclusive rights against unauthorized copying for at least 10 years. Protection of industrial designs is territorial, so separate applications must be filed in each country where protection is sought, though the Hague Agreement facilitates international registration of designs with WIPO. The next module will cover patents as another form of industrial intellectual property protection.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    166 views1 page

    Summary For Module 6 - Industrial Design

    Uploaded by

    Rishabh Jain
    An industrial design relates to the ornamental or aesthetic appearance of an article. It can include three-dimensional or two-dimensional design features. Industrial designs can be protected through registration or design patents in most countries, which grants the creator exclusive rights against unauthorized copying for at least 10 years. Protection of industrial designs is territorial, so separate applications must be filed in each country where protection is sought, though the Hague Agreement facilitates international registration of designs with WIPO. The next module will cover patents as another form of industrial intellectual property protection.

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    © All Rights Reserved
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    DL101: General Course on Intellectual Property

    Summary for Module 6 - Industrial Design

    An industrial design relates to the appearance of an article: it is that aspect of an


    article, which is ornamental or aesthetic. It may consist of three-dimensional features
    such as the shape of an article, or two-dimensional features such as patterns, lines or
    color. As with other forms of intellectual property, it may be protected.

    However, unlike trademarks described in a previous module an industrial design


    focuses on the appearance of an article. It is not required that said appearance
    distinguishes the articles of one enterprise from those of others.

    By protecting his/her industrial design, the creator is granted an exclusive right


    against the unauthorized copying or imitation of his/her designs by third parties for a
    period of time, which amounts to at least 10 years (but the duration of protection
    could be longer depending on the particular national/regional law).

    In most countries, an industrial design must be registered in order to be protected


    under industrial design law. In some countries, industrial designs are protected
    under patent law as “design patents”. Registration of an industrial design, or the
    grant of a design patent, are not necessarily the only means of protection. In certain
    jurisdictions, industrial designs may be protected as works of art under copyright law
    or under unfair competition law.

    As a general rule in order to be protected, the design must be ‘new’ or ‘original’. What
    constitutes novelty or originality may differ from country to country.

    As a general rule, and in accordance with the Paris Convention, industrial design
    protection is territorial: this means that industrial design rights are limited to the
    country where protection is sought and granted.

    If protection is desired in several countries, separate national applications must be


    made according to the applicable national law and procedures (which are usually
    different in each country). To avoid having to submit applications in each and every
    country where protection is sought, the Hague Agreement Concerning the
    International Registration of Industrial Designs, which is WIPO, helps to facilitate this
    process: it enables creators to seek protection for their designs in a large number of
    territories, through one single international application filed with the International
    Bureau of WIPO.

    The next module in this course is also concerned with Industrial Intellectual property:
    Patents

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