Asia Design Registration

Industrial Designs are an important driver in today’s world of technology and e-commerce where, everything that is seen and experienced is an extension of some or the other design element.  Innovation along with beautifying a certain product,plays a vital role in maximising its functionality. It would not be an exaggeration to say that design is the truest evidence of human evolution. In an era of extreme consumerism,a product’s worthis often directly proportional to its functionality as well as its appearance. A design professional must know how to enhance both, keeping in mind both aesthetics as well as functionality. This highlights the increasing need for professionals are not only talented but also appropriately trained and overlap of industrial dream with many other streams such as engineering, architecture, robotics etc.

Asia is now emerging as a hub for innovation and competitive skills. Along with its rich history of handicrafts, industrial designs are gaining momentum with dedicated departments allocating resources towards creating a consortium of design specialists. Robust country groups such as, ASEAN, SAARC, ASIA – PACIFIC group et.al., are promoting and assisting towards a well-rounded industrial design aesthetic. Online filing and registration of Industrial Design registration and protection has further enhanced the reach and appeal of Industrial Designs among businesses, innovators etc.  Multiple design filing and registration has facilitated costing and turn around time for businesses and industries in planning, ideating and executing industrial designs.www.paritypatent.com with its vast experience along Asian colleagues and industry experts is well placed in assisting with the Industrial Design regime in the Asian countries.

Industrial Design Aspects:
Industrial Designs comprise of 2D & 3D features:
2Dimentional – Pattern of Ornamentation
3Dimentional -  Shape and Configuration of an article

Combined, 2Dand 3D features make up a set of distinctive features and proportions contributing to the overall Design Aesthetic of an object.

Things to Note:

• Industrial Designs cover only one appearance for an item.
• To cover multiple designs or patterns and colour schemes, one must make separate design applications.
• Industrial Designs are for whole articles and cannot cover only part of an article unless that specific part is usually produced and sold separately.

Need for Industrial Design Protection:

The Internet is an attractive business and marketing platform for many businesses globally.  Online registration provides a ,good business opportunity and strategy in one’s Intellectual Property portfolio.  Structuring and enhancing commercial relationships and operations then becomes sell rounded and enhanced. IP valuation and Return on Investment makes sound business sense in creating different IP assets.

Legal Definition:

In order to protect industrial designs, the legal definition of the same has to be looked at which is as below:

Legally an Industrial design is:

• The outward appearance of a product or part of it.
• The lines, shapes, contours, shapes and patterns along with ornamentation that constitute the design.
• Industrial designs must be capable of being produced / manufactured industrially several times over.
• It is very important to note that, industrial designs are not related to the ‘functionality’ aspect of a product as that would fall under the scope of patent protection.

Benefits of Industrial Design protection:

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

Essentialities of International Designs Registration and Protection:

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

• International protection of industrial designs by way of design filings in as many countries as possible will help in better valuation and commercialisation. 
• Protection to industrial designs globally is subjected national laws of the respective countries aided and facilitated by international industrial designs protection regime.

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

International protection of Industrial Designs:

Internationally, 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