International Designs Registration

Introduction:

‘Form Follows Function’ has been an oft used and repeated phrase in the Industrial Designs Landscape.  As famously put by Steve Jobs ‘Design Is Not Just What It Looks Like and Feels Like, Design Is How It Works’. On a daily basis Industrial Designs has led Industrialists to ponder over whether to concentrate on ‘how a product works’ or ‘how a product looks and feels like’.  Legally too, the first part about the functionality of the product is governed by Patent Laws and the second part about the appeal of the product is governed by Industrial Designs Law. It was thus imperative that Technicians/Engineers and Designers converged so as to offer a holistic product to the ever fickle minded customer. www.paritypatent.com is a leading firm offering complete solutions in the entire intellectual property spectrum.

Need For Protection:

As Industrialisation and Industrial Revolution led to products, goods and services competing in an ever growing highly discerning an niche market, Design was no longer considered the frills ‘around’ the actual product.  In fact Industries realised the captive value of a product with its visual appeal and comfort through ergonomically aligned designs and the outer aspects of the products such as design, form, colour, shape, weight et.al., became their unique selling point and the stand out aspect from a highly crowded and cut throat competition in both online and offline markets trailblazing through boundaries and territories.  Designs which initially hinted at luxury during Victorian times became no longer the exception but the norm.
Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public.  Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers.  To prevent rivals from copying industrial designs, protection is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.  www.paritypatent.com through its international associates and affiliates is able to facilitate international filing of industrial designs in a smooth and hassle free manner.

Definition of Industrial Designs:

The Dictionary meaning attributed to a design is to work out the structure or form of (something), as by making a sketch, outline, pattern, or plans
Industrial designs are not only inclusive of the above but go beyond by incorporating the following as well:

• Enhancing the visual appeal of an object and advancing its usability by way of improvements over existing designs.
• Extending the scope of protection to new and unique designs rendered by upcoming and latest technology.
• Encouraging better forms and shapes of objects which aid in improving working environments that ensure better productivity and output by humans.

Legally an Industrial design is:

• The outward appearance of a product or part of it.
• The lines, shapes, contours, shapes and patterns along with ornamentation that constitute the design.
• Industrial designs must be capable of being produced / manufactured industrially several times over.
• It is very important to note that, industrial designs are not related to the ‘functionality’ aspect of a product as that would fall under the scope of patent protection.

Benefits of Industrial Design protection:

• To derive benefits out of Industrial Designs Protection, the designs have to be new and original.  
• Designs registration gives exclusivity over the registered design which counters copying, selling counterfeit goods, parallel imports in the grey and black markets thereby preventing unlawful gains by unscrupulous persons.
• Designs registration gives statutory rights to sue the infringers by way of civil and criminal remedies and compensation in courts of law.

Essentialities of International Designs Registration and Protection:

It is important to register designs in as many countries as possible  because:

• Global protection of industrial designs by way of design filings in as many countries as possible will help in better valuation and commercialisation. 
• Protection to industrial designs globally is subjected national laws of the respective countries aided and facilitated by international industrial designs protection regime.

As aforementioned, www.paritypatent.com with its colleagues in 135 countries is equipped in filing international designs applications in the applicant’s chosen countries.

International protection of Industrial Designs:

Internationally, Industrial Designs are protected through various international treaties and conventions such as:

• The ARIPO treaty for  former English  colonies in the African Region
• OAPI treaty for former French colonies in the African Region
• European Union Community Designs Protection by OHIM
• The Hague System of International Design Registration

From amongst the above, the Hague System of International Design Registration is most important for those looking to cover many countries at one go.  The remaining three are self explanatory and are the best choices when the applicant wishes to register their designs in countries not party to the Hague Agreement.

The Hague System:- Some Important Pointers:

(i) Who may apply: Members that are party to the Hague Union.

(ii) Filing of the application:  A single application is filed with the International Bureau of WIPO.

(iii) The Result: A single international registration with individual effect in each of the members of the Hague Union which may be States (Countries) or Intergovernmental Organisations as designated.

(iv) The Benefit:                     

• A huge time and money saver by enabling applications acquire Industrial designs protection in multiple countries through a single international application.  
• Replaces applicant having to approach each country separately with individual applications thus escalating time and money threatening to undermine the efficacy of the industrial design.

(v) Components of the Hague Agreement:

• The Geneva Act of July 1999
• The Hague Act of November 1960

(vi) Important Aspect: The Hague System cannot be used to protect an industrial design in a country not party to the Hague Agreement. The above Acts are applicable to a designated contracting party from amongst the 1960 and 1999 Acts.

(vii) Further Information:  Detailed information regarding filing of International applications, examination, publication of applications, remedies attains refusal of registration of applications, procedure upon grant of the application, term of protection et.al., please visit our website www.paritypatent.com which contains detailed guides and F.A.Q.s