CIPR CENTRE FOR INTELLECTUAL PROPERTY RIGHTS (CIPR)
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INDUSTRIAL DESIGNS

What is Industrial Design

A design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article. A design should be new and original. The word “article” refers to any article manufactured and any substance, artificial, or partly artificial and partly natural, and includes any part of an article capable of being made and sold separately. Design office is located at Kolkata.


As general rule Industrial Design consists of


Three-dimensional features, such as the shape of a product
Two dimensional features such as ornamentation, patterns, lines or color of a product or
A combination of one or more such feature




Who may apply for Industrial Design

An applicant who created the design or if working under contract, his employer, can apply for registration. The applicant can be either an individual (e.g: a designer) or a legal entity (e.g: company). In either case, the application may be made directly or through an agent. If you are a foreign applicant you may be required to be represented by an agent duly authorized by the Intellectual Property office of that country.


Essentials for the Registration of Design

  • The design must be new or original
  • The design must be applied to particular articles.
  • It must have visual appeal
  • It should not have been published before filing
  • The design must be significantly distinguishable from known designs
  • It should not comprise or contains scandalous or obscene matter.
  • It should not include a trade mark or a property mark or any artistic work.
  • A design should not include any mode or principle or construction or anything which is in substance a mere mechanical device.

The Protection of industrial Designs gives value to a product, eye–catching and it makes easier to attract the customers. Industrial design shall be protected by registering at the national or regional Intellectual property offices.




Duration of Industrial Design

An Industrial design is registered for a period of 10 years and is extendable for another 5 years if an application in Form-3 with a fee of Rs. 2,000/- is filed before the expiry of 1st year.


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