Presenting things in a creative and aesthetic manner is an art and if you nurture these skills, chances are that it can be a viable commercial option to generate income or revenue (in case of companies). However, the design has to be created under the framework of existing legal and IP rules that are meant to safeguard the interests of a designer.
Protecting Industrial design is just that, it lets creative people protect their aesthetic designs that they have developed after pouring in their sweat and blood for years. In other words, industrial designs are a form of IP that protects shape, color, configuration and surface patterns that can add some extra value to the appearance of a commodity or article those are intended for sale.
However, just like inventions have certain criteria and if they qualify these criteria they can be granted with a patent, similarly, in case of industrial design protection the design has to qualify certain criteria that are meant to assess its novelty and some other associated characteristics. These characteristics are as below-
- The submitted design should be original and novel
- The design should be used in a functional article
- The respective design should be visible on the commodity or article which is set to hit the market shelf.
- There should have no disclosure of the design in question.
- The element of non-obviousness has to be established.
- There should be no prior publication or disclosure of the design.
Why Filing Protection for Industrial Design is Important
IP protections are meant to spur technological innovation and economic growth and same goes true for industrial designs. Industrial design is a kind of IP and you can get a patent for the same provided it meets all the requirements laid down by the respective patent office. If company files for a design patent it can enjoy below-mentioned benefits:
- Industrial designs patent encourages creativity in the sector of manufacturing and various other sectors.
- In pharmaceuticals and consumer goods sectors where packaging is paramount it preserves the quality.
- Industrial designs protection put a check on the illegitimate products that can malign the reputation, safety, and effectiveness of a product.
- It allows industrial design owners to prevent others from reproducing the same design.
- In can of no use you can sell or license an industrial design to get monetary compensation.
- In case of infringement of your design you can drag the party to the Court and ask for compensatory and punitive measures for the losses that you suffer.
To sum everything up we can say is that protecting industrial designs could be a best option to create a brand value in the market and a potent revenue generating option provided things are done in a scientific manner and are filed under the framework of existing IP laws.