INDUSTRIAL DESIGN : AN OVERVIEW

Eshan Priydarshy, Intellectual Property Rights-1, DSMNRU, 2017

Dr. SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY

LUCKNOW

SYNOPSIS ON

INDUSTRAIL DESIGN

(UNDER THE SUPERVISION Of SHAIL SHAKYA SIR)

AN ASSIGNMENT FOR IPR-1

SUBMITTED TO: SUBMITTED BY

Shail Shakya sir Eshan Priydarshy

Assistant Professor, B.COM LL.B 5 TH SEM.

DSMNRU DSMNRU
 INDUSTRIAL DESIGN : AN OVERVIEW

CONTENT

SR. NO. TOPIC

INTRODUCTION TO THE TOPIC:
 Design, Requirement for registration
1.  Who can apply, Procedure
 Piracy of Design

ANALYSIS OF ARTICLES:
2.

Article 1  Overview of Indian Industrial Design Law and Practice

Article 2  An Overview of Design Protection in India under the Designs act

 Guide to Industrial Design

Article 3
.

3. CONCLUSION

4. REFERENCES

LITERATURE REVIEW
 INDUSTRIAL DESIGN : AN OVERVIEW

Introduction- part of the introduction taken from the ipr 1 (V K Ahuja), the meaning of the
design is defined in the Designs Act 2000. In Design Act, the design is protected through given
procedure and rights are given to proprietor. Thus, the design act gives a copyright to the owner of the
design.

Importance of Industrial Design

Industrial designers develop aspects of a product that create emotional connections with the user.
They integrate all aspects of form, fit and function, optimising them to create the best possible
user experience. They also create visually appealing designs that can stand the test of time and
ensure that the product is ergonomically suited to fit the user, including how they will
functionally relate, interface or live with the product. They provides several BENEFITS to a
company-

 Earlier design increases sales of a product

 Good design uses less material and resources, which is better for the environment.
 Design makes the product safer, more enjoyable, and potentially even saves lives.
 Design makes a company long lasting.
 Integrating design early in the product development cycle saves money.
 INDUSTRIAL DESIGN : AN OVERVIEW

Piracy of Registered Design in India

The copyright in the design subsists for ten years from the date of registration, which can be
extender for a period of five years. The proprietor of the design gets exclusive right to apply the
design to the article in a class in which the design is registered.

Remedies against Piracy of registered Design in India

A registered proprietor can institute a suit in a Court not below the District Court, for injunction
and/or recovery of damages against any person engaged in the piracy of the registered design.

CASES-

 Delhi Metro Plastic Industries v. Galaxy Footwear 2000 PTC 920

 Amp v. Utilux, (1972)
 Rotela Auto Components (P) Ltd. and Anr. v. Jaspal Singh 2002 (24) PTC 449
 Vredenburgs Registered Designs case (1935) 52 RPC
 Western Engineering Company v. Paul Engineering Co Case
 INDUSTRIAL DESIGN : AN OVERVIEW

BIBLIOGRAPHY

 Niloy Kumar Gupta, Overview of the Indian Industrial Design Law and Practice, Vol. 4 Journal
of Intellectual Property Rights 1999 16-21
http://nopr.niscair.res.in/bitstream/123456789/19499/1/JIPR%204%281%29%2016-21.pdf
 An Overview Design Protection in India http://www.lawyersclubindia.com/articles/AN-
OVERVIEW-OF-DESIGN-PROTECTION-IN-INDIA-UNDER-THE-DESIGNS-1583.asp
 Industrial design in product development http://www.technologyrecord.com/article/the-
importance-of-industrial-design-in-product-development-nx-plm-7575#.WckxDcZx3IU
 Design registration in India http://www.lakshmisri.com/News-and-
Publications/Publications/Articles/IPR/design-registration-in-india-an-overview