Q. Consider the following statements regarding Industrial Design (IPR):
1. “Industrial design” title granted by any official authority protects only the non-functional features of an industrial product.
2. The period of protection granted to Industrial Design is more than 25 years.
Which of the statements given above is/are correct?
An industrial design renders an object attractive or appealing, thus increasing its marketability and adding to its commercial value.
- The design may be three-dimensional based on the shape or surface of the object, or two-dimensional based on the object’s patterns, lines or colours.
- Novelty, originality and visual appeal are essential if an industrial design is to be patented, although these criteria can differ from one country to another. Its aesthetic features should not be imposed by the technical functions of the product.
- Legally, “industrial design” is the title granted by an official authority, generally the Patent Office, to protect the aesthetic or ornamental aspect of an object.
- This protects solely the non-functional features of an industrial product and does not protect any technical features of the object to which it is applied.
- Industrial design rights are granted to the creator of designs to reward them for their effort and investment in manufacturing the product. These rights enable the owner to make articles to which the design is applied or in which the design is embodied.
- The holder of this legal title has the exclusive right to make, import or sell any objects to which the design is applied.
- They can authorise others to exploit the design and bring a legal action against anyone using the design without authorisation.
- In general the period of protection granted is from 10 to 25 years. This is often divided into terms and an extension of the term requires renewal of the registration.
Source: The Hindu