Any external design of an item includes the aesthetic elements of shape, design and colour, all combined in a symmetrical and multidimensional form. Industrial design aims at manipulation of these essential elements to create innovative designs for commercial items.
Once designs for products are created, industrial design rights, which are a kind of intellectual property rights, grant designers or firms exclusive rights over those designs. Generally design of different objects like furniture, clothing, jewellery, etc are protected against unlawful use by these rights, but they can also be extended to the unique design of a soft drink bottle, the design of a machine, etc.
To protect an original design, you need to file an application with the WIPO (World Intellectual Property Organization), if you belong to one of the participant nations of the WIPO treaty. Though, if the rights holder wants to protect his rights over his original design and does not wish to approach WIPO, he or she can request for separate protection from the authorities in each of the required nations.
There are numerous advantages associated with industrial design rights which cannot be overlooked. Registering an industrial design helps in securing the visual or aesthetic features of a product. The creator of the design has the authority to take legal action against any unauthorized usage. This enables the rights holder to reap commercial gains from his design, and earn his fair share of profits by mass production and promotion of goods bearing his design.
Industrial design rights also facilitate healthy competition and lawful business practices, which eventually profits the customers. Moreover, by prosecuting acts of unlawful use, such rights promote creativity. Further, these rights give recognition to the earnest efforts of the design team within a company.
Hence, like most other types of IPR, industrial design too incentives earnest efforts and investments made by the design team and discourages attempts of plagiarism, thereby guaranteeing smooth functioning of global commerce.
Once designs for products are created, industrial design rights, which are a kind of intellectual property rights, grant designers or firms exclusive rights over those designs. Generally design of different objects like furniture, clothing, jewellery, etc are protected against unlawful use by these rights, but they can also be extended to the unique design of a soft drink bottle, the design of a machine, etc.
To protect an original design, you need to file an application with the WIPO (World Intellectual Property Organization), if you belong to one of the participant nations of the WIPO treaty. Though, if the rights holder wants to protect his rights over his original design and does not wish to approach WIPO, he or she can request for separate protection from the authorities in each of the required nations.
There are numerous advantages associated with industrial design rights which cannot be overlooked. Registering an industrial design helps in securing the visual or aesthetic features of a product. The creator of the design has the authority to take legal action against any unauthorized usage. This enables the rights holder to reap commercial gains from his design, and earn his fair share of profits by mass production and promotion of goods bearing his design.
Industrial design rights also facilitate healthy competition and lawful business practices, which eventually profits the customers. Moreover, by prosecuting acts of unlawful use, such rights promote creativity. Further, these rights give recognition to the earnest efforts of the design team within a company.
Hence, like most other types of IPR, industrial design too incentives earnest efforts and investments made by the design team and discourages attempts of plagiarism, thereby guaranteeing smooth functioning of global commerce.
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