An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. To qualify for registration, the design of industrial building pdf laws of most member states of WIPO require the design to be novel.
An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired. 1787 with the Designing and Printing of Linen Act and have expanded from there. According to industrial property Act 2001, an industrial design is defined as “any composition of lines or colours or any three-dimensional form whether or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as pattern for a product of industry or handicraft” .
An industrial design is registrable if it is new. An industrial design is deemed to be new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form or, in Kenya by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. An Industrial Design shall be deemed new if on the filing date, such Industrial Design is not the same as any previous disclosure. The Priority Date, if the applicant is filed with priority right. Has been announced or used in Indonesia or outside Indonesia. Has been used in Indonesia by the designer in an experiment for the purposes of education, research or development. The degree of originality required to register an original design is greater than that laid down by Canadian copyright legislation, but less than that required to register a patent.
The articles being compared should not be examined side by side, but separate so that imperfect recollection comes into play. One is to look at the design as a whole. Any change must be substantial. It must not be trivial or infinitesimal. During the existence of an exclusive right, no person can “make, import for the purpose of trade or business, or sell, rent, or offer or expose for sale or rent, any article in respect of which the design is registered. The rule also applies to kits and substantial differences are in reference to previously published designs.
Registering an industrial design in Canada may be appropriate for a variety of articles such as consumer products, vehicles, sports equipment, packaging, etc. Industrial designs can also serve to complement other forms of intellectual property rights such as patents and trade-marks. Protection for a registered community design is for up to 25 years, subject to the payment of renewal fees every five years. The unregistered community design lasts for three years after a design is made available to the public and infringement only occurs if the protected design has been copied. Legislation given in Britain during the years 1787 to 1839 protected designs for textiles.