In today’s world uniqueness is one of the most important characteristics for selling your product in the global market. The more unique and different your product is, the more demand it will have in the market. By design, we mean different shapes, sizes, and colours of the product which has a distinctive character through which a consumer can easily identify it.
it is equally important that every design of a company or businessmen is
registered in proper authorities so that no other person could misappropriate
with the registered design and mislead with the people.
What is the meaning of Design?
By simple meaning, design means a different or special way of making something like a product, packaging of the product, product colour, etc. In other words, the design could also be interpreted as the maker’s imagination of something to make something unique as well as different from others. Since every person has different imagination power and prospective of things it is important that it is protected by proper legislation.
The design has been defined in Design Act 2000 in Section 2(d) of the Act, defines a Design as:
“design” means only the features of shape,
configuration, pattern, ornament or composition of lines or colors applied to
any article whether in two dimensional or three dimensional or in both forms,
by any industrial process or means, whether manual, mechanical or chemical,
separate or combined, which in the finished article appeal to and are judged
solely by the eye; but does not include any mode or principle of construction
or anything which is in substance a mere mechanical device.
The industrial designs of all forms are renewable for a set period of years.
The following are the few important benefits that the applicant is eligible to get if he/she registers his design of inappropriate authority.
Designs make a product saleable and also add a commercial value of the product and increase its marketability.
When a design is registered it gave its owner the exclusive right against unauthorized copying or imitation of the design by third parties. This will help the owner that the design is exclusive to the owner and the consumer can easily identify that the product belongs to the particular brand.
The registered design shall always be considered as business assets which have a market value. Yes, it is correct to take design as a business asset if it is registered with the authority. By business assets, we mean a thing which could be sold in the market or can be used for paying liabilities.
The success of any business identity can be related to the appearance of the product. Therefore, if the product is fashionable product looks can equally important than its functionality.
If your industrial design is infringed upon, then you can bring a case or suit upon the infringer for the loss of your sales as well as damage to your goodwill in the market. In compensation, you will have the right to get damages in monetary terms as well.
Due to the above protection by the authorities and courts the maker of design can focus on making superior design without worrying about the competitor copying your design and causing loss to your revenue.
The owner gets the exclusive right to the product with a particular appearance which will lead to preventing your competitors in producing your product which might lead to a loss in revenue.
In some countries registering an industrial design will give an exclusive right to the owner for commercial production, marketing as well as selling of the products for certain years. It also restricts the competitor for importing similar products from other countries for certain years.
One of the benefits of industrial design is that it can be sold or licensed in the market. This means that if the owner does not have the capacity for production or needs urgent money then it can also sell or license the industrial design to the third person and earn a royalty on their sales.
Also, your industrial design will help you establish goodwill in terms of a trademark as part of the appearance and shape of the product. Also, having a sufficient reputation in get-up will help you in excluding others from copying your design. Thus, we can also say that it will become a protective layer from others from copying your trademark.
The period of exclusivity in the design act for industrial design will help you to build a reputation in the market regarding those trademark rights which will belong to you indefinitely as long as a sufficient reputation in get-up is maintained.
Design rights are protectable at relatively low cost and review is simple and fast which means it works well for those companies which have ever-evolving new products that need to be protected. Like toy makers take a huge advantage since they make a new type of toy that is required to be protected.
It also helps to cover up the disadvantages of the copyright act since it only includes software but generally does not look and feel of what this code produces on-screen certain media only but the industrial design includes not only designs but also new media and digital products. These designs also protect graphic icons, video game characters and many other things.
One more benefit of registering the design is to resolve the infringement of the design of the fast-moving industry which is quite dynamic in nature like fashion industries or FMCG industries. These rights will protect the design of their product in key markets both nationally and internationally and allow them quick solution against infringement.
An application is to be made to the Indian Patent Office for the examination of the design. After that, an examination report is issued. Within the stipulated time i.e six months’ time, the applicant is required to file a reply regarding the objections raised in the examination report.
The reply may be accepted or rejected by the controller. If rejected then proper time will be provided for giving responses again. If the response is accepted then the application has complied and a certificate of registration is issued.
With the development of the Intellectual Property Act, an increase in the scope of its branches it becomes easier for the businesses for carrying out the business activities. Especially the design act provides significant benefit to the businesses like exclusive ownership right of design like sale and manufacture of the product for design has been registered.
if the design is original and has commercial potential in the market then by
registering the design, it will lead to a huge investment to the business in
the long run. Although it is well -noted fact that business with a high number
of designs registration in the market has a good reputation. In a broader sense
country with a high number of design, registration is considered more