Industrial design laws protect the original features of shape, configuration, pattern or ornament or any combination of these features that are applied to manufactured articles. The registration protects not only the specific design registered, but also any design not differing substantially therefrom.
Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
Why to register?
The advantage of registering your industrial design is that it gives you exclusive rights to your design. Registration enables you to prevent others from making, importing for trade or business, renting or selling or offering or exposing for sale or rent any article in respect of which the design is registered and to which the design or a design not differing substantially therefrom has been applied, for up to a specific period from the date of registration which differs from country to another. Thereafter you must keep in mind that unless you register your design, you can make no legal claim of ownership and have no legal protection from imitation. This is different from trade-mark and copyright protection, which allow you to claim ownership even without registration.
To preserve potential design registration rights, the design should not be disclosed, prior to the filing of an application for industrial design registration, to anyone who has not signed a properly drafted non-disclosure agreement.
AIP provides wide range of services in this field which include:
- Search: AIP conduct a search of ID Office records in order to better determine whether your design is truly new and original prior to filing and application.
- Anti counterfeiting actions and raids.