There are so many products in the market. Some of them seem simple enough, and some so complex. Have you ever wondered what goes behind the design of the product? All of that comes under Industrial design.
What is Industrial Design?
In simple words, Industrial Design is the process of designing products, devices or any other object, which is used by people. A little more complex definition would be that it is a strategic problem-solving process. It makes people take innovative routes and aims to build a better quality of life by designing products, services, objects, and experiences unique in design. It also aims to build a business through these cutting-edge technologies. It makes the thinkable a reality through rigorous designing and a creative brain.
At the core of industrial design lies the creation of plans for the manufacturer scale. This involves an understanding of user behaviour, ergonomics, shape and colour, materials and finishes. There also should be an understanding of how an object sits within a brand and how its benefits may be communicated and what is its role in society.
Classic examples of famous industrial designs would be the coca-cola bottle. You can recognise the bottle with just a glance. But everything you see around yourself is a design and has undergone the process which we mentioned above.
What is the importance of Industrial Design?
Back in the day, the market was limited and we can even say that there was just one type of each product that existed. But now, the market is filled with counterfeit products. The industrial design plays a major role in distinguish genuine product from the counterfeit.
Why is it necessary to protect your design?
Counterfeit products have flooded the global market and affects the producers of genuine items. The ultimate victims of counterfeit products are the consumers. They receive poor-quality goods at a higher price. For example, in the toy industry a considerable amount of effort is spent in inventing distinctive designs, but because of counterfeit products in market the original product loses its value and market share. A recent study shows that 50% of toys and game brands have seen an increase in counterfeits online. In order to protect the rights of the inventors and the goodwill of the company, it is important to register the industrial design of the product under design Act 2000. This in turn allows you to sue anyone who uses your design without your consent.
It helps the creators to find partners to work with. When you get your design registered, it means that you have the sole right to the design. This makes it easier for others to work with you and invest in your idea.
How to protect Industrial Designs in India?
In India, you can apply for the protection of your Industrial Design. The registration and protection of Industrial Designs in India are conducted under the Design Act 2000. The design comes under intellectual property rights. This gives you the exclusive right to make and sell a product, or articles related to it, to selected people. Under the Design Act, you will get the protection of 10 years. You can then extend that protection to 5 more years. You can renew the protection just once. You should apply for protection under the Act, before launching your product into the market. Industrial designs as a category of intellectual property law refer only to ornamental or aesthetic aspects of a product.
Section 2(d) under Design Act 2000 defines design as 1, “Only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two-dimensional or three-dimensional or in both form by any industrial process or me whether manual, mechanical or chemical separate or combine which, in the finished article appeal to and are judged only by the eye.”
This provision further provides that this term design does not include:
1.Any mode or principle of construction
2.Anything which is in substance a mere mechanical device
3.Any trademark
4.Any property mark as defined in Section 479 of the Indian Penal Code
5.Any artistic work
Design protection provides rights like the trademark and patent rights does. If you want to qualify for protection under the Design Act 2000. You should have the following pre-requisites, or your design should fall under these:
1. Your design should be original and new
2.It should be significantly distinguishable from existing designs
3.It should not have been made known to the public or displayed in front of an audience
These are more or less the requirements that should be adhered to if you want to get your design registered under the Design Act 2000.
What is the procedure?
First, you need to make sure that the design doesn’t already exist. Make the examination and do it. There is one branch of the Design Office in India, Kolkata. From all the other places, the designs are sent there. But now, all the procedure can be done online as well. Online, you will be able to do everything, from applying for registration to making the payment. The payment is secure. Fill up all the details given in there like your name, email id, city, etc. the first form is Form 1. It is accompanied by:
1.Different fees for different people like
Rs. 1000 for the person who designed
Rs. 2000 for small business
Rs. 4000 for bigger corporations
2.You would also need two copies of your design
3.A power of attorney of the design application is filed by an agent
Examination by the design office
The design goes under thorough examination by the design office. They go through their database to search for novelty. They check for which article the design is made for and whether it can be sold separately or not. After this thorough examination, the applicant receives if the office has any objections. If there are, then those are rectified and if there are no more problems or no more issues raised by any third party as well, the design is registered under the name of the person. The design would be exclusive to that person or entity for the period of exclusivity.
Example of a good Industrial Design
A unique design is what sets apart products in today’s world. A lot of examples of good design products exist. One of them is the design of the original Cup Noodles by entrepreneur Mr Momofuku Ando. He registered the design to protect his innovative idea and successfully able to make it a profitable one. The design isn’t much, it is humble and simple. But still, it is an iconic one.
Get yourself registered under the Design Act 2000 to make yourself more reliable. Don’t wait for the perfect opportunity, go for it now. Comment below if you need help in filing industrial design application.
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