Industrial
Designs (ID)
Section 4,
Part II (Article 25 and Article 26) of the TRIPS Agreement contains the
provisions for minimum standards in respect of Industrial designs.
Industrial
designs are an element of intellectual property. Industrial designs refer to
creative activity, which result in the ornamental or formal appearance of a
product. Design rights refer to a novel or original design that is accorded to
the proprietor of a validly registered design. But it does not include any mode
or principle or construction or anything which is in substance a mere
mechanical device.
India has
already amended its national legislation to provide for these minimal
standards. The essential purpose of the Designs Act, 2000 is to
promote and protect the design element of industrial production. It is also
intended to promote innovative activity in the field of industries. The present
legislation is aligned with the changed technical and commercial scenario and
conforms to the international trends in design administration.
Under the Designs Act, the designs would not
include any trade mark, as defines in the Trade Marks Act or property mark or
artistic works as defined in the Copyright Act.
The
duration of the registration of a design is initially ten years from the date
of registration, but in cases where claim to priority has been allowed the
duration is ten years from the priority date. This initial period of
registration may be extended by further period of 5 years on an application
before the expiry of the said initial period of
Copyright.
The proprietor of a design may make an application for such an extension as
soon as the design is registered.
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