2. An Industrial Design (ID)
constitutes the ornamental
or aesthetic aspect of a
product.
IPR
3. An Industrial Design may
consist of three dimensional
features, such as the shape
of a product or two
dimensional features such
as patterns, lines or color.
IPR
21. Depending on the
particular national law
and the kind of design,
Industrial Designs may
also be protected as
works of art under
Copyright Law.
IPR
22. In some countries
Industrial Design
protection is granted
for a limited time and
is termed as
Unregistered
Industrial Design.
IPR
23. Industrial Design rights are
granted for a limited period.
The duration of the
protection of industrial
designs varies from country
to country, but is usually of
at least 10 years.
IPR
24. In many countries, the
total duration of
protection is divided into
successive renewable
periods usually of 5 years.
IPR INDUSTRIAL DESIGN
25. An Industrial Design right
protects only the
appearance or aesthetic
features of a product.
Whereas a patent protects
an invention that offers a
new technical solution to a
problem.
IPR
26. An Industrial Design
right does not protect
the technical or
functional features of a
product.
Such features could be
protected by a Patent.
IPR
34. The application for the
grant may be filed by
the creator of design or
through an agent on
behalf of the creator.
IPR INDUSTRIAL DESIGN
35. If the design is filed
through an agent, the
power of attorney has
to be executed.
IPR INDUSTRIAL DESIGN
36. When two or more design
creators are involved,
written consent of all the
creators has to be attached
along-with the application
filed for registration of the
design.
IPR INDUSTRIAL DESIGN
37. The Hague System provides
a practical solution for
registering up to 100
Industrial Designs in a
large number of countries
through one single
international application.
IPR
38. The Hague System cannot be
used to protect an industrial
design in a country which is not
party to the Hague Agreement
or which is not a member State
of an inter-governmental
organization party to the Hague
Agreement.
IPR INDUSTRIAL DESIGN
39. In order to protect an
Industrial Design in
such a country, the
applicant has no choice
but to file a national or
regional application
with the respective.
IPR
40. Before filing an Industrial
Design application, the
applicant can obtain
information whether the
design has already been
registered or not from
the respective national or
regional.
IPR
41. The Register of Designs
with the national or
regional design office
has all the relevant
information of the
Industrial Design
granted and registered.
IPR
42. If an application for a
design has been
abandoned or refused,
the related documents
are not be published
and are not open for
public inspection.
IPR INDUSTRIAL DESIGN
43. Design registration can be
canceled if it is already
registered, published prior
to the date of registration,
not new or original.
IPR INDUSTRIAL DESIGN
44. A Design cannot be
registered under the
design act if it is not
according to the
definition of the
design act.
IPR INDUSTRIAL DESIGN
45. Design registration can
be transferred or licensed
by the holder or holders
of Registration.
IPR INDUSTRIAL DESIGN
46. A design registration can
also be restored on paying
the prescribed fees.
IPR INDUSTRIAL DESIGN
48. The Locarno Classification
comprises of 32 Classes.
Each class is divided into
sub-class with explanatory
notes.
There are about 219 sub-
classes.
IPR INDUSTRIAL DESIGN
49. Class 10 : CLOCKS AND WATCHES AND
OTHER MEASURING INSTRUMENTS,
CHECKING AND SIGNALLING INSTRUMENTS
Subclass 01 : CLOCKS AND ALARM CLOCKS
ID number Indications of Goods
101663 Alarm clocks
101664 Astronomical clocks
101661 Clocks
101666 Cuckoo clocks
104746 Digital calendar clocks
101665 Geographical clocks
101667 Grandfather clocks
101662 Regulators [clocks]
101668 Wall clocks
54. Subclass 02 : WATCHES AND WRIST WATCHES
ID number Indications of Goods
101671 Alarm watches
101673 Chronograph watches
101672 Pendant watches
104747 Smart watches
101670 Watches
101669 Wrist watches
Class 10 : CLOCKS AND WATCHES AND
OTHER MEASURING INSTRUMENTS,
CHECKING AND SIGNALLING INSTRUMENTS
55. The Locarno Classification is
solely of an administrative
character and does not bind
the contracting countries as
regards the nature and
protection afforded to the
industrial design classified
in a certain manner.
IPR INDUSTRIAL DESIGN
56. The Locarno Agreement
requires the industrial
property office of each
contracting country to
include in the official
documents for the
deposit or registration of
industrial designs.
IPR INDUSTRIAL DESIGN