What Is an Industrial Design?
An industrial design refers to the visual features of a product that make it appealing and distinctive. These features may include the shape, configuration, pattern, ornamentation, or color combination used on an object. Unlike technical inventions, industrial designs serve no mechanical function. Instead, they enhance the appearance and add aesthetic value.
For instance, the elegant contour of a wine bottle or the unique surface pattern on a smartphone case reflects industrial design. Because these visual elements influence consumer choices, industries invest heavily in creating designs that stand out.
To receive legal protection, a design must be original, novel, and visually unique. Additionally, it must be registered under the relevant design law in the country where protection is sought.
Different Rights Vested in Design Holders
Once a design is officially registered, the designer or rightful owner obtains a set of exclusive rights. These rights ensure the creator can fully benefit from their work while preventing others from copying or misusing it.
1. Exclusive Right to Use
The most significant benefit of design registration is the exclusive right to use the design on the product. This means only the design holder can apply that particular design to goods in the registered category. Consequently, others cannot use or imitate it without consent.
2. Right to Prevent Unauthorized Reproduction
With this right, the holder can stop others from reproducing, manufacturing, or selling products featuring the protected design. Legal action can be taken if infringement occurs. This not only protects the market value of the product but also maintains brand integrity.
3. Right to License and Assign
In many cases, design holders choose to license their rights to other businesses. Through licensing, the holder earns royalty payments while expanding the product’s reach. Alternatively, the design rights can be fully assigned to another person or company, allowing them to take ownership.
4. Duration of Protection
Design protection typically lasts for 10 years, which can be extended for an additional 5 years. During this period, the design holder retains complete control. Once this term ends, the design enters the public domain unless renewed.
5. Complementary Rights under Copyright
Although industrial designs differ from creative works, some designs may qualify for copyright protection as well. For example, artistic elements on handcrafted items or limited edition pieces can fall under both design and copyright laws. This overlap gives the creator dual protection in specific situations.
