Global Design Protection

Introduction:

Industrial Designs at a Global level project certain dilemmas to designers who are considered specialists within their basic/ original streams such as Engineers involved in design aspects within their companies or Fashion houses employing designers to synchronise their creations according to either seasons or occasions and such.  Therefore, the following questions appear in the form of conjectures which these specialists have to overcome in order to beat competition globally:

• Legal aspects – Where and how can designs be protected?
• Market aspects – Where should designs be protected?
• Process aspects – How should designs be protected?

To answer the above question understanding the definition of Industrial Designsis the first step which is:

‘In the legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article.
An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or colour.’ – as defined by WIPO.

The Questions raised above can be generically answered in the following manner:

• Streamlining such designs worthy of protection else, protecting ALL designs would prove impractical.
• Identifying such legal and other procedural aspects that are foundational to the design aspects based on applicable legislation.
• A thorough market survey and analysis based on which design registration could be taken forward
• Laying down stringent timelines and guidelines in order to have robust implementation processes regarding legal, procedural and territorial aspects so as to avoid unnecessary litigation.
• Having a visionary plan of action in place so as to empower a futuristic decision making team so that trends are spotted well in advance and designs adjusted or reinvented accordingly

In a nutshell, it is imperative on the designers to see to it that design fatigue amongst its current as well as prospective clientele does not set in.www.paritypatent.com is a leading firm offering complete solutions in the entire intellectual property spectrum, globally.

Benefits of Industrial Design protection:

• To derive benefits out of Industrial Designs Protection, the designs have to be new and original.  
• Designs registration gives exclusivity over the registered design which counters copying, selling counterfeit goods, parallel imports in the grey and black markets thereby preventing unlawful gains by unscrupulous persons.
• Designs registration gives statutory rights to sue the infringers by way of civil and criminal remedies and compensation in courts of law.

Essentialities of Global Designs Registration and Protection:

It is important to register designs in as many countries as possible  because:

• Global protection of industrial designs by way of design filings in as many countries as possible will help in better valuation and commercialisation. 
• Protection to Industrial Designs globally is subjected to national laws of the respective countries aided and facilitated by international industrial designs protection regime.

As aforementioned, www.paritypatent.com with its colleagues in 135 countries is equipped in filing international designs applications in the applicant’s chosen countries.

Global protection of Industrial Designs:

Internationally, Industrial Designs are protected through various international treaties and conventions such as:

• The ARIPO treaty for former English  colonies in the African Region
• OAPI treaty for former French colonies in the African Region
• European Union Community Designs Protection by OHIM
• The Hague System of International Design Registration

From amongst the above, the Hague System of International Design Registration is most important for those looking to cover many countries at one go.  The remaining three are self explanatory and are the best choices when the applicant wishes to register their designs in countries not party to the Hague Agreement.

The Hague System:- Some Important Pointers:

(i) Who may apply: Members that are party to the Hague Union.

(ii) Filing of the application:  A single application is filed with the International Bureau of WIPO.

(iii) The Result: A single international registration with individual effect in each of the members of the Hague Union which may be States (Countries) or Intergovernmental Organisations as designated.

(iv) The Benefit:                     

• A huge time and money saver by enabling applications acquire Industrial designs protection in multiple countries through a single international application. 
• Replaces applicant having to approach each country separately with individual applications thus escalating time and money threatening to undermine the efficacy of the industrial design.

(v) Components of the Hague Agreement:

• The Geneva Act of July 1999
• The Hague Act of November 1960

(vi) Important Aspect: The Hague System cannot be used to protect an industrial design in a country not party to the Hague Agreement. The above Acts are applicable to a designated contracting party from amongst the 1960 and 1999 Acts.

(vii) Further Information: Detailed information regarding filing of International applications, examination, publication of applications, remedies attains refusal of registration of applications, procedure upon grant of the application, term of protection et.al., please visit our website www.paritypatent.com which contains detailed guides and F.A.Q.s