Industrial Design

The term “design” covers a wide range of areas – industrial design, graphic design, costume design, fashion design and product and packaging design. Broadly, design is concerned with the non-functional nature and appearance of objects.
“the appearance of the whole or a part of a product resulting from the features of … the lines, contours, colours, shape, texture or materials of the product or its ornamentation.”

 This has created 4 requirements for registrability /protection:-
1. The design must come within the definition of “design”;
2. The design must be “new” and have “individual character”
3. The design must not be purely functional
4. The design must not be contrary to public policy/accepted principles of morality.

Benefit of Industrial Design protection

 Duration – initially 5 years, but renewable for a total of 15 years.
What if I do not register my industrial design?
Similar to trade mark, if you do not register your industrial design, anyone can use your design without your permission. Unlike trade mark which can be renewed indefinitely, a successful industrial design registration only has protection up to 15 years.