Industrial design right

industrial design rightsdesignsdesignregistered designdesign rightindustrial designsregistered designsunregistered design rightdesign rightsdesign law
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian.wikipedia
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Intellectual property

intellectual property rightsIPintellectual properties
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian.
Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

Patent

patentspatent lawpatented
Registering for an industrial design right is related to granting a patent.
Some other types of intellectual property rights are also called patents in some jurisdictions: industrial design rights are called design patents in the US, plant breeders' rights are sometimes called plant patents, and utility models and Gebrauchsmuster are sometimes called petty patents or innovation patents.

TRIPS Agreement

TRIPSAgreement on Trade-Related Aspects of Intellectual Property RightsTrade-Related Aspects of Intellectual Property Rights
India's Design Act, 2000 was enacted to consolidate and amend the law relating to protection of design and to comply with the articles 25 and 26 of TRIPS agreement.
Specifically, TRIPS requires WTO members to provide copyright rights, covering authors and other copyright holders, as well as holders of related rights, namely performers, sound recording producers and broadcasting organisations; geographical indications; industrial designs; integrated circuit layout-designs; patents; new plant varieties; trademarks; trade names and undisclosed or confidential information.

World Intellectual Property Organization

WIPOWorld Intellectual Property OrganisationWorld Intellectual Property Organization (WIPO)
Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists.
In 2006, over 90 percent of its income of just over CHF 250 million was expected to be generated from the collection of fees by the International Bureau (IB) under the intellectual property application and registration systems which it administers (the Patent Cooperation Treaty, the Madrid system for trademarks and the Hague system for industrial designs).

Community design

Community Design Regulation and Community Design DirectiveRegistered Community Design
Registered and unregistered community designs are available which provide a unitary right covering the European Community.
A Community design is a unitary industrial design right that covers the European Union.

Copyright, Designs and Patents Act 1988

1988 Copyright ActBritish lawCopyright Act
In addition to the design protection available under community designs, UK law provides its own national registered design right (Registered Designs Act 1949, later amended by Copyright, Designs and Patents Act 1988) and an unregistered design right.
It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.

Design patent

design patentspatent14 years
U.S. design patents last fifteen years from the date of grant if filed on or after May 13, 2015 (fourteen years if filed before May 13, 2015) and cover the ornamental aspects of utilitarian objects.
Design patents are a type of industrial design right.

Industrial design rights in the European Union

industrial design-law
Industrial design rights in the European Union
Industrial design rights in the European Union are provided at both the Union level by virtue of the Community design and at the national level under individual national laws.

Geschmacksmuster

aesthetic model
Geschmacksmuster (German design law)
Under German law, the registered design (German: eingetragenes Design), formerly called Geschmacksmuster ("aesthetic model"), is a form of intellectual property that extends industrial design rights over the visual design of objects that is not purely utilitarian.

Organisation Africaine de la Propriété Intellectuelle

OAPIAfrican Intellectual Property OrganizationOAPI patent
Some of the jurisdiction below are unions or collaborative office for design registration like the African Intellectual Property Organization, the European Union and the Benelux.
The Bangui Agreement covers patents, utility models, trademarks, industrial design right, trade names, geographical indications, copyright, unfair competition, integrated circuit layouts and plant variety rights.

Industrial design

industrial designerindustrialdesign
An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value.

Hague Agreement Concerning the International Deposit of Industrial Designs

Hague AgreementThe Hague Agreement for the Protection of Industrial Designs
Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists.

United Kingdom

British🇬🇧UK
Design rights started in the United Kingdom in 1787 with the Designing and Printing of Linen Act and have expanded from there.

Law

legallawslegal theory
India's Design Act, 2000 was enacted to consolidate and amend the law relating to protection of design and to comply with the articles 25 and 26 of TRIPS agreement.

Repeal

repealedabrogatedabrogation
The new act, (earlier Patent and Design Act, 1911 was repealed by this act) now defines "design" to mean only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two- or three-dimensional, or in both forms, by any industrial process or means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction.

Waste container

trash canwheelie bingarbage can
The design must also be original: in 2012, the Patent Appeal Board rejected a design for a trash can, and gave guidance as to what the Act requires:

Bodum

The Canadian courts see infrequent litigation concerning industrial designs the first case in almost two decades took place in 2012 between Bodum and Trudeau Corporation concerning visual features of double wall drinking glasses.

Trudeau Corporation

The Canadian courts see infrequent litigation concerning industrial designs the first case in almost two decades took place in 2012 between Bodum and Trudeau Corporation concerning visual features of double wall drinking glasses.

European Economic Community

EECECEuropean Community
Registered and unregistered community designs are available which provide a unitary right covering the European Community.

Registered Designs Act 1949

registered designs
In addition to the design protection available under community designs, UK law provides its own national registered design right (Registered Designs Act 1949, later amended by Copyright, Designs and Patents Act 1988) and an unregistered design right.

Integrated circuit layout design protection

mask workintegrated circuit topographieschip masks automatically copyrighted
The topography of semi-conductor circuits are also covered by integrated circuit layout design protection, a form of protection which lasts 10 years.

European Union

EUEuropeanEurope
Some of the jurisdiction below are unions or collaborative office for design registration like the African Intellectual Property Organization, the European Union and the Benelux.

Benelux

Benelux UnionBenelux Economic UnionBenelux countries
Some of the jurisdiction below are unions or collaborative office for design registration like the African Intellectual Property Organization, the European Union and the Benelux.