What is Industrial Design?
The industrial design registration in India recognizes the creation new and original three dimensional features such as new shape of an article, configuration, surface pattern, ornamentations or two dimensional features, such as patterns, lines or colour applied to articles which in the finished state appeal to and is judged solely by the eye. The protection of the design of a product allows the owner to have the exclusive use of certain designs and / or shapes within the market.
Requirements for a design to qualify for Protection
- It should be novel and original;
- It should be applicable to a functional article;
- It should be visible on a finished article;
- It should be non-obvious; and
- There should be no prior publication or disclosure of the design.
Reasons for registering the Industrial design in India
Acquire identity in market
“First impression is the best impression“. This proverb is in fact very important for many businesses. For most of the product based companies, the design of the product is the simplest way to differentiate from similar products of competitors and gain a foot hold in the field. Moreover, a customer may associate with a product via its aesthetics even before its quality.
Value adding aspect
The outer appearance of a product makes it visually more appealing and attractive. The visual appearance of a product significantly grabs the attention of a viewer or user; even before the user understand its functionality. This acts as a value-adding aspect, which in turn increases the marketability of the product. Hence, it is important to protect the creativity behind the appearance of a product from being copied or used by third parties.
Acquire commercial or monetary value
The protection of industrial design is able to add value to the product. In fact, for an investor, the design of a registered and protected product is certainly more attractive than the design of a product that does not enjoy the protection of an industrial property title.
Quick to obtain protection
A registered industrial design has a a huge competitive advantage in terms of design protection in future and any litigation. Since, it is common that products with reputation on the market are subject to illegal counterfeiting practices. If you want to force an infringement on third party, it will be much easier to prove the wrongdoing with a registered title .
Protection provided by Industrial design registration
When an IP owner exercises their design rights, this prevents others from making, using, selling, importing and/or exporting the design without consent. These rights also protect against products of a similar design, which may be indistinguishable to an informed user. However, this means the IP owner has to monitor the marketplace and take action against those who are using the design without authorization.
How can Videaim IP help with a Industrial Design filing?
Videaim IP is familiar with the required documentation for registering an Industrial design. We can help you prepare suitable images to support your application, such as photos, computer drawings or hand drawings.
In the event of objections to your Registered Design application, we can help you to address them quickly, so your application is not stalled or left unresolved. Moreover, we are equipped to help you with enforcement and take legal action in a cost-effective manner. To learn more.