Industrial design - Intellectual Property Rights Law In India, Industrial Laws Video Lecture | Industrial Laws - B Com

[Music]
hi everyone welcome to fusion law school
let's take our first step of learning
all about Industrial Design and their
protection in India now imagine I'm a
product designer at the home appliances
manufacturing temple I spent months on
designing and creating a cool-looking
deadline like this one after that what
happens is the product becomes a success
however just then I realized that my
competitors have started to manufacture
similar-looking declan so what can I do
can I stop others from enjoying the
benefits of hard work and creativity
that I have put in in designing the desk
lamp and that sort we will discuss in
this module in this module we will learn
first what is the industrial design and
how to protect them second how to find
an application for registration of
indents in the night first what is
piracy of registered design and remedies
against it so why industrial design
should be protected to grab the
attention of buyers an article must be
visually attracted visual attraction
enhances the marketability of the
article to be protected the design of an
article must appeal to the eyes of
consumer therefore any product design is
primarily of an aesthetic nature
although sometimes the design of a
product may also have technical features
as well like this one this electric
socket was designed by a French designer
for Legrand in addition to its aesthetic
aspect it also provides a functionality
of closing or hiding the electrics
pockets when they are not amused
and opening them when they are required
this provides better safety as well as
an aesthetic improvement over regular
electric sockets
however industrial designs as a category
of intellectual property law refers only
to ornamental or aesthetic aspects of a
product the law protecting designs is
governed by the designs Act 2000 this
act has replaced the design type 1911
and industrial designs add commercial
value closed products by making it
attractive the manufacturers therefore
pay adequate attention to the designs of
the articles they produced for this
purpose they invest substantial capital
and carry out research legal protections
therefore becomes necessary for the
creation of new designs and their
application to articles as it ensures a
fair return on environment in order to
understand this type of intellectual
property it is imperative to first
understand two definitions provided
under the design pack 2000 first
definition of the term design second is
definition of the term article section 2
D of the design side 2000 defines design
to me only the features of shape
configuration pattern ornament or
composition of lines or colors apply to
any article whether in two-dimensional
or three-dimensional or in both form by
any industrial process or me whether
manual mechanical or chemical separate
or combine which in the finished article
appeal to and are judged only by the
earth
this provision further provides that
this term design does not include first
any mode or principle of construction or
second anything which is in substance a
mere mechanical device or third in
treatment or post any property mass as
defined in Section
479 of the Indian Penal Code or any
artistic work
now let's discuss this definition a
little more detail the definition makes
it clear that design means the feature
of shape configuration pattern ornament
or composition of lines or colors
applied to an article and not the
article itself this definition is
applicable to an article in two
dimensions or three dimensions of or in
both form in simple words a design
consists of first a three dimensional
features such as shape of product second
two dimensional features such as
ornamentation pattern lines or color of
a product or third a combination of one
or more such feature so what does the
term mirrors mechanical device me a mere
mechanical device or a functional design
is not reducible under the device back
while pattern or an ornament would
ordinarily be applied to an article
shapes and configuration becomes the
article itself design in that sense
relate to the non-functional features of
the article in simple language a design
which has some functional attributes
cannot be registered under the design
act this is the essence of section 2b of
the design however what happens in cases
where the design while fulfilling the
test of being appealing to the eye is
also functional in such areas the House
of Lords in the case of EMP incorporated
versus utility rightly limited held that
where a design would perform particular
functions but the designers had also
added some features of
a that appeal to the eye and was
additional or supplementary to the
function the design could be registered
so what is the importance of eye appeal
for a design it has been held in various
judgment that the I alone should be the
judge of identity for the purpose of
deciding whether a particular design has
been violated or not the design should
be protected provided it was not merely
analogous and that the test of novelty
is in the eye of the church who must
place the two designs side by side and
see whether the work for which novelty
is claimed is named a design is applied
to an article and that's why it is the
second most important definition under
the design that article is defined under
the act as any article of manufacture
and any substance artificial or partly
artificial and partly nature article
also includes any part of an article
capable of being made and sold
separately which means that the part of
an article has a commercial identity in
the market offers own and not when
incorporated as a part of another
article you might have seen that for a
limited period
nextly IC is offered with a priest upon
a design registration can be claimed on
the unique design of the zipper even if
it is the part of another article when
this we would like to conclude the
introductory video on the design act in
the next lecture we will discuss the
procedure involved in registration of
industrial design in case you have any
doubts about this lecture we request you
to please reach out to us on doubts as
usual law school
in the end thanks for watching the
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