Design is one of the most valuable intellectual property asset a business can owns. Design can be crucial to a product’s mass appeal. Orakser offers assistance in registration and protection of its clients’ designs.
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DESIGN
What is industrial Design :
An industrial design can be three dimensional or can de two dimensional. Three dimensional include shape or surface of an object. Two dimensional include colours, lines or pattern of an object. of an article or two-dimensional features, such as patterns, lines or colours. An industrial design is primarily of visual nature, and is not relate to any technical features.
Registration of Design :
“Registration of design” will prevent third parties from applying the same design once a design is registered. It is a right to prevent others from making, importing, selling, hiring or offering for sale any object of which a design is registered.
An application for the registration of a design must be made on a prescribed form. If one wants to register the same design in more than one class, a separate application must be made in each class.
In order to register your design it should be kept in mind that it must be new and not identical to anyone else.
Importance of Registration of Design:
Registration of a design gives right to prevent others from using your design, for example through manufacture, or sale.
After registration it can be renewed every 5 years for up to 25 years.
It is not necessary to prove that someone else has copied your design to be able to stop them using a similar design.
The main difference between Designs and patents is that Patents protect inventions, whereas design generally covers the shape and configuration of products, or their appearance.
For a successful business design is crucial because it defines products and protects its innovation.
All handicraft and industrial designs can be registered except computer programmes.
What designs are capable of being registered ?
When it comes to registration of design then definition of “design” becomes very broad. It includes industrial designs, handicrafts, sculpture and textiles etc. It almost covers all things that we come across in our daily life. Even graphic symbols on a computer screen and typefaces may be registered as designs.
What is a design rights ?
Design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian.
What design rights protect ?
Design right protects the visual appearance of products or items and there is a legal right to stop an unauthorised party from producing or using registered design.