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Sanjeev Kumar Chaswal LLM (IPR and ARB) Advocate & IP Attorney High Court of Delhi
The earliest use of the term may have been in The Art Union, A monthly Journal of the Fine Arts, 1839. Dyces report to the Board of Trade on foreign schools of Design for Manufactures. Mr Dyces official visit to France, Prussia and Bavaria for the purpose of examining the state of schools of design in those countries will be fresh in the recollection of our readers. His report on this subject was ordered to be printed some few months since, on the motion of Mr Hume. The school of St Peter, at Lyons was founded about 1750 for the instruction of draftsmen employed in preparing patterns for the silk manufacture. It has been much more successful than the Paris school and having been disorganized by the revolution, was restored by Napoleon and differently constituted, being then erected into an Academy of Fine Art: to which the study of design for silk manufacture was merely attached as a subordinate branch.
It appears that all the students who entered the school commence as if they were intended for artists in the higher sense of the word and are not expected to decide as to whether they will devote themselves to the Fine Arts or to Industrial Design, until they have completed their exercises in drawing and painting of the figure from the antique and from the living model. It is for this reason, and from the fact that artists for industrial purposes are both well paid and highly considered (as being well instructed men) that so many individuals in France engage themselves in both pursuits.
The practical draughtsman's book of industrial design: was printed in 1853
This implies that the design must appear and should be visible on the finished article, for which it is meant; Thus, any design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state. Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be registerable design. For instance, a key having its novelty only in the shape of its corrugation or bend at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act.
The features of the design in the finished article should, appeal to and are judged, solely by the eye.
However, when any design suggests any mode or: principle of construction or mechanical or other action of a mechanism. A suitable disclaimer in respect thereof is required to be inserted on its representation, provided there are other registerable features in the design.
The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.
Different countries have varying definitions of such terms, as well as variations in the registration process itself. Generally, "new" means that no identical or very similar design is known to have existed before.
Once a design is registered, the term of protection is generally five years, with the possibility of further periods of renewal up to, in most cases, 15 years.
Depending on the particular national law and the kind of design, an industrial design may also be protected as a work of art under copyright law. In some countries, industrial design and copyright protection can exist concurrently. In other countries, they are mutually exclusive: once the owner chooses one kind of protection, he can no longer invoke the other. Under certain circumstances an industrial design may also be protectable under unfair competition law, although the conditions of protection and the rights and remedies ensured can be significantly different.
An industrial design right is conferred after considering factors like, novelty, originality and visual appeal. The person who has an industrial design right has the exclusive right to make or sell any objects in which the design is applicable. Under the Hague Agreement Concerning Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired
Because industrial design rights are territorial in nature, this right is limited to the territory for which the design is registered.
Designs
A Fender Stratocaster with sunburst finish, one of the most widely recognized electric guitars in the world.
DESIGN AS A TRADEMARK
SKB v. HLL
The S shape Both design rights & trademark rights were claimed on it Design registration was cancelled during proceedings