The Pre-Requisites of an Industrial Design

Anybody who owns an intellectual property needs to get it protected through legal measures. Thankfully, there is a law in place in the Indian constitution that safeguards IP of all kinds. Industrial design comes under that same law. By this law, all industrial designs are legal properties of their owners and are not be borrowed, duplicated or used without express consent of the owners. This law protects industrial designs for configuration, shape, color, line or surface pattern. Any of these, when applied to an article produces aesthetic results or improve the same in a design.

Industrial design law firm in India deal with cases that come under the category of Design Protection.

Here are the pre-requisites for that, and if you are applying for protection of your design, you need to qualify these.

  • The first thing is you need to have a design that is fully and indisputably original and novel, and that it is not a reproduction of anything that already exists.
  • The design concerned should be of value to any functional article relevant to it.
  • The design which you are getting protected should be complete and visible on an article which is finished like it.
  • The design has to be non-obvious.
  • The chosen design should have no publications in the past, nor any disclosure that might have caused it to exist outside without ownership or protection.

According to the Design Act of 2000, the industrial design protection falls under the intellectual property right. It grants a person exclusive right to use, make and sell an article or several articles concerning a protected design, and this can be done to specific people only.

Get in touch with the best IP litigation law firms in India to seek legal assistance on an IP protection case.

Published by Anand and Anand

Anand and Anand is a full-service IP law firm, providing legal solutions covering all cross-sections of Intellectual Property and allied areas.

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