Worldwide Design Registration

Introduction:

Prior to Industrial Designs as we know them today, ‘Designs’ as such were rooted in the aesthetic way of living of the ‘Classes’ vis-à-vis the ‘Masses’.  In fact, it was these commissioned Designs or Designerware that distinguished rather differentiated the Elite from the ‘Others’, who could only aspire to acquire these beautifully designed products. So, these designs were created and the same curated by skilled workers/ artisans such as Masons, Painters, Stone Workers, Metal Smiths, Painters and the like.  These workers were specialists in their field with the making of articles being a closely guarded family secret and the same passed on to generations via intense mentorships through various guilds.

The Industrial Revolution then brought about access to ‘Designs’ or ‘Designer Ware’ owing to set manufacturing processes that did not require manual workers to repeatedly work on the same designs over and over again.  To a large extent this process of manufacturing products industrially also eliminated flaws there were inherent in manually crafted goods thereby increasing and assuring the ‘make’ of such goods to buyers. 

In today’s digitised era, technological revolution has added considerable heft to what industrial revolution began through virtual portals, social media platforms et.al., whereby the remotest corner of the globe is reached almost instantaneously and none feel left out.

Definition:

WIPO defines Industrial Designs as:

‘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.’

At the same time World Design Organisation defines Industrial Designs as:

‘Industrial Design is a strategic problem solving process that drives innovation, builds business success and leads to a better quality of life through innovative products, systems and experiences’.

Aspects For Consideration:

Industrial Designs are most often the result of team work by designers and engineers along with other personnel such as the marketing team, legal and costing teams et.al.  The following pointers go a long way in helping these professionals take a considered view of the end result being the product and its design so as to derive maximum benefit out of the same:

• Desirability: The level of value associated by target audience and prospective consumers to the particular design so as to invoke desirability and make it highly coveted.
• Differentiation: Distinctiveness and Uniqueness of the design in a product so as to render it niche in an otherwise overcrowded and highly competitive global market.
• Viability: Assessment of how best do technology, costs of manufacturing and distribution networks add up to make the designed product viable enough to sustain in the long term.

 

Most importantly, brand positioning, and articulation play vital roles in wooing and retaining consumers.  Efficiency, Safety, Luxury, Value are some of the aspects through which a brand ‘speaks’ to a customer through its design.  Also, whether the product is designed in such a way so as to be readily accessible to the differently abled and otherwise challenged such as left handed customers forms an integral part of the design’s nature thus widening the reach and scope of the product making it a hit on the market.

Benefits of World Wide Design protection:

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

Essentialities of World Wide Design Protection and Protection:

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

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

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

World Wide Registration of Industrial Designs:

Worldwide, 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