Law of Industrial Designs for science and

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1. Law of Industrial Designs
By
Dr. D.T.Mohan Krishna

2. significance of Industrial design
•Designs are primarily those elements
incorporated into mass –produced
products that aim to enhance their
attractiveness by their appearance.
•In the present market era when so many
consumer products are technically very
similar, design becomes an important
distinguishing factor.

3. Designs and Trade Marks
•Designs, often are not easily separated in the minds of
purchasers and users from trade marks and similar
symbols.
•Trade marks are protected as indicators of trade source
from which the goods come and not for the addition to
appearance as such.
•Most consumers use trade marks as a reference point
for securing the qualities of goods or services which they
have learned to expect (or at least hope to enjoy), there
is no easy borderline to be drawn between design and
trade mark rights.)
•Design elements are subject of IPRs only for a limited
period, whereas trade marks are protected as long as
business continues to use them.

6. What is design?
•Features of shape , configuration, pattern,
ornament or composition of line or colours
•Applied to any article whether two dimensional
or three dimensional or in both forms
•By an industrial process or means , whether
manual mechanical or chemical, separate or
combined
•Which in in the finished article appeal to and are
judged by the eye

7. Shape, configuration & pattern

8. Pattern

9. Shape of tea Cups

10. Cups in new shapes & pattern

11. What is not design?
•Any mode or principle of construction or
•Anything which is in substance a mere
mechanical device
•Trade mark
•Property mark
•Artistic work

12. What is article?
•Any article of manufacture and
•Any substance, artificial, partly artificial
and partly artificial and partly natural.
•Article includes any part of an article
capable of being made and sold
separately.

14. Part of an article

15. Part of an article

16. Non-Registrable Designs
•which is not new or original design
•Which has been disclosedto the public
anywhere in India or in any other country by
publication in tangible form
•Which has been disclose by use or in any other
way
•Which is not significantly distinguishable from
known designs or combination of known designs
•Which comprises or contains scandalous or
obscene matter

17. Original design
•Original design means the design
origination from the creator of such design
(not copied )
•Designs though old in some cases if they
are new in their application, they are
original

18. Registration of Design
•Application to the controller in the prescribed
manner
•Examination by the examiner as to registrability
•A design is registered in only one class
•Registration may be for any one or all of the
articles in one class.
•Rejection of application can be appealed to High
Court
•Registration is from the date of application

19. Registration and the term of
protection
•Certificate of registration
•Register of designs –prima facie evidence
•Term of Protection –10 years of Copyright
•It can be renewed for a period of 5 years
•Restoration of lapsed designs
•Rights of proprietor of lapse design which
have been resorted

20. Design
•Requirements before delivery on
sales
•Effect of disclosure on copyright
•Information as to existence of
Copyright in a design
•Industrial exhibitions

21. Cancellation of Registration
•An interested person can present a
petition on the following grounds-
•Design has been previously registered in India
•Published in India or in any other country
•Deign is not a new or original
•Design is not registrable under the Act design not one as
defined under the Act

22. Piracy of designs & Remedies
•Applying (without permission ) a registered or
any fraudulent or obvious limitation thereof to
any class of articles in which the design is
registered –for the purpose of sale
•Importing for sale(Without consent) any article
belonging to registered class having applied to it
the registered design or any fraudulent or
obvious imitation to the design
Publishing or exposing (Knowingly that the
design is pirated) for sale any article without the
consent of the proprietor of the registered design

23. Remedies
•Contravention of design rights (piracy) is
liable for damages not exceeding Rs.
25,000 recoverable as contract debt.
•Claim of damages
•Injunction order by the court

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