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Flashcards in DL Industrial Design Deck (15)
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1

What is an Industrial Design?

Is one of the form of IP.
An industrial design is that aspect of a useful article which is ornamental or aesthetic. It may consist of three-dimensional features:

- the shape or surface of the article,
- or two dimensional features such as patterns, lines or color.

2

ID applied for which kind of products?

are applied to a wide variety of products of industry or handicraft: from watches, jewelry, fashion and other luxury items, to industrial and medical implements; from house ware, furniture and electrical appliances to vehicles and architectural structures; from practical goods and textile designs to leisure items, such as toys and pet accessories.

Examples: shapes or forms of chairs, telephones, cars, computers, airplanes, TV, watches, camersa, etc.

3

What is the difference between trademarks and an Industrial Design?


An Industrial Design is distinguished from a trademark primarily because it is constituted by the appearance of a product, which must not necessarily be distinctive (a prime requirement for a trademark).

A trademark although it may consist of all kinds of visible signs, which may or may not be ornamental, must always be distinctive, since a trademark must always be capable of distinguishing the goods and services of one enterprise from another.

4

What is the object of protection of an ID

ID is different form patens. ID must relate to the appearance of the object and which is not determined by technical or functional necessity. patents - functionality or process of an object, and it must be an " invention"

5

Why protect Industrial Designs?


By protecting an industrial design, the owner of the design is given a right against its unauthorized copying or imitation by third parties.

the owner of a protected industrial design shall have the right to prevent third parties not having his consent from making, selling or importing articles bearing or embodying a design which is a copy of the protected design.

- hey serve to add to the commercial value of the product and facilitate its marketing and commercialization.

6

Protecting Industrial Design clearly benefits the owner of the Industrial Design, but does it have other benefits?

-
Yes you are right; the owner of an Industrial Design benefits through the industrial development of her/his products and the protection helps to ensure a fair return on investment.

- the consumer and the public at large benefit as well, as industrial design protection is conducive to fair competition and honest trade practices, encourages creativity and thus leads to more aesthetically attractive and diversified products.

- industrial design protection injects creativity into the industrial and manufacturing sector, contributes to the expansion of commercial activities, and enhances the export potential of national products.

7

How can Industrial designs be protected?


In most countries an Industrial Design must be registered in order to be protected under industrial design law.

General rule:
- new
- original


An industrial design must be capable of being reproduced by industrial means (industrial application).


Also it must be possible to apply an industrial design to an article which may be either two-dimensional or three-dimensional.

8

Can we protect T-shirt by ID?

No, since the T-shirts do not present any element of novelty or originality. However, if the materials used to manufacture the T-shirts were new or original, or the shape of the T-shirt was new or original, industrial design could be applied.

9

How long does any protection last?

Again this varies from country to country but the term of protection is typically for 5 years with the possibility of renewal, which may total, in most countries, up to a maximum of 15 to 25 years. The minimum duration under the TRIPS agreement is 10 years.

10

Is it ever possible for an industrial design to obtain copyright protection?

Depending on the particular Law and the kind of design, a design may also be protected as a work of art under copyright law. In some countries, industrial design and copyright protection can be cumulative. This means that these two kinds of protection can exist concurrently. However in other countries, if copyright is allowed, it is mutually exclusive to industrial design protection. This means that once the owner chooses one kind, he loses the protection of the other.

11

Is there any other protection available for an Industrial design?

Under some circumstances and in some countries, an industrial design may also be protectable under unfair competition law.
However it is worth stressing that the protection and remedies are different under the different forms of protection.

12

Can you get worldwide protection for an Industrial Design?

As a general rule, and in accordance with the Paris Convention, industrial design protection is limited to the country where protection is sought and granted. If protection is desired in several countries, separate national applications (or ‘deposits’) must be made and the procedures will normally be different in each country. However the Hague agreement concerning the International Deposit of Industrial Design helps to facilitate this process.

13

What is ID

is that aspect of a useful article, which is ornamental or aesthetic. It may consist of three-dimensional features such as the shape or surface of the article, or tw-o dimensional features such as patterns, lines or color.

14

Protection of ID

By protecting an industrial design, the owner is ensured an exclusive right against its unauthorized copying or imitation by third parties for a period of time, which is typically for 5 years with the possibility of renewal, up to a maximum of 15-25 years depending on the particular national law. The TRIPS provides for protection of a minimum of 10 years

15

Summary of ID

In most countries an Industrial Design must be registered in order to be protected under industrial design law and as a general rule in order to be registered, the design must be ‘new’ or ‘original’. What constitutes its novelty or originality may differ from country to country and indeed the registration process itself varies from country to country. In particular this can involve whether there is an examination or not as to the form and substance of the application for the registration of the design, especially to determine novelty or originality.
Also an industrial design must be reproducible by industrial means.