The Law protecting designs was governed by the Designs Act 1911 which has now been replaced by the Designs Act 2000 which came into effect from 11th. May 2001
An Industrial Design refers to a product’s overall form and function. However, from Intellectual Property Law perspective, an Industrial Design refers to only the aesthetic aspects of an article. The design may consist of three-dimensional features such as the shape or surface of an article or of two-dimensional features such as pattern, lines or colour. Industrial designs are applied to a wide variety of products of industry and handicrafts ranging from technical and medical instruments to watches, jewellery and other luxury items. It also ranges from house wares and electrical appliances to motor vehicles and textile designs to leisure goods.
To be protected under most national laws, an industrial design must appeal to the eye. This means, that an industrial design is primarily of an aesthetic nature and does not protect any technical feature of the article to which it has been applied.
Protection of industrial designs helps economic development by encouraging creativity in the industrial and manufacturing sector as well as in traditional arts and crafts. It contributes to the expansion of commercial activities and export of national products.
In an event where an industrial design is protected by registration, the owner is granted the right to prevent unauthorised copying or imitation by third parties.
