What Are Industrial Design Rights And How You Can Protect Yours
The overall appearance of a product includes all its aesthetic features including form, size, pattern, design, colour etc fitted in a systematic, three dimensional framework. Industrial design aims at manipulation of these essential elements to develop novel designs for commercial items.
After the creation of a specific design, the individuals or companies are granted exclusive rights of ownership of that design. These rights are called the industrial design rights. Generally design of different items like furniture, clothing, jewellery, etc are protected against unlawful use by these rights, but they can even be extended to the shape of a bottle, the design of a machine, etc.
An original design can be secured in all the participant nations of the World Intellectual Property Organization (WIPO) by filing an application with the body. However, if the rights holder does not approach WIPO and still wants to protect his industrial design rights in different nations, then he has to request for protection from each nation separately.
There are a number of important underlying advantages of industrial design rights. Having a registered industrial design protects the aesthetic aspects of the object, including its appearance and form. Any unlawful usage of a registered design like imitation is considered a crime. This helps the owner to reap commercial gains from his design, and earn his fair share of profits by mass production and marketing of products bearing his design.
Industrial design rights also foster healthy competition and lawful business practices, which eventually profits the customers. They also promote creativity by penalizing any unlawful use of the product design. These rights duly reward the hard work of the team of designers who come up with such designs, and promote a better environment for the firms to work in.
Therefore, industrial design rights also play a crucial role in ensuring that the global commercial activities continue smoothly with fewer hiccups by encouraging sincere efforts of the design teams and discouraging plagiarism in the commercial world.
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