1. Industrial designCompiled by A Srinivasa Rao

2. INDUSTRIAL DESIGN Protected under the Designs Act, 2000 Protects externalshape,configuration,surface patternorornamentation ofan industrially reproduced article New and novel Judged solely by the eye Non functional 3. NEW AND NOVEL Novel: Means that it must originate from thecreator New: Not identical to a previous design Pattern made up of old features but resultingcombination with strikingly different appearancecan be novel Distinguishable from known designs orcombination of known designs But over the years, the test has become NEWAND NOVEL 4. SurfacePatternShape ClipDesignSurfacePattern 5. WHY REGISTER YOUR DESIGN? Statutory right accrues only on registration territorial Right to prevent others from producing, importing, selling ordistributing products having an identical appearance or afraudulent or obvious imitationMonopoly Period of 10 years- extendable by 5Gives you a Unique Selling Point (USP)Is an asset & can be licensed 6. DESIGNS CAN BE 2D OR 3D OR A COMBINATIONSurface pattern(2D pattern, composition of lines,colours)Cut of the garment (3Dfeatures of shape, configuration) 7. DESIGN & FUNCTIONALITYThe intent of the Designs Act is toprotect shapes & not functionsDesigns with functional featuresIf design is solely dictated byfunction, it will not be registrable 8. THE DEGREE OF NOVELTY REQUIRED New or original does not simply mean different. Infact it should be new and original. A trade variant of an old design does not make it novel Substantial novelty requiredLe May v. Welch: It cannot be said thatthere is a new design every time a coat orwaistcoat is made with a different slope ordifferent number of buttonsto hold thatwould be to paralyse industry. 9. LIMITATIONS OF PROTECTION OFFEREDBY DESIGNS LAW A design needs to be registered for any kind ofrights to be claimed over it it may not befeasible to register every design that is created bydesigners A design right cannot be claimed over a designthat has been published/disclosed to the public A design right will only be granted on thefulfilment of various criteria like novelty, eyeappeal and non-functionality 10. ENFORCEMENT Identical design or any fraudulent andobvious imitation; Import for sale Publishing or exposing the article which isknown to be pirated Injunction and damages 11. SECTION 15(2), COPYRIGHT ACT, 1957 Copyright does not subsist in design registeredunder the Designs Act Design capable of being registered, but which hasnot been so registered enjoys copyright protection Copyright shall cease as soon as any article towhich the design has been applied more thanFIFTY TIMES by an industrial process 12. THE COPYRIGHT/DESIGN OVERLAP Fashion design lies at the cusp between creativity andindustrial manufacture Great design has the quality of transforming wearableapparel into wearable art Thus, the distinction made by law between purelyartistic works and works that have beencommercialised can be problematic in many cases There will be works that are both protectible undercopyright law as well as under designs law Indian law has tried to resolve this by the provision ofSection 15(2), Copyright Act, 1957 13. Copyright & Designs Law Designs that are not commercialised (i.e., not producedmore than 50 times), enjoy full copyright protectioneven if not registered as a design It may be argued that a design that has beencommericalised, may be capable of protection underCopyright Act on the basis of the underlying artisticworks (i.e., the sketches, engravings, prototypes, etc.)though Section 15 (2) remains a bar 14. Copyright & Designs Law Important to maintain documentation andrecords at every stage of product design anddevelopment as this may help in claimingprotection for a design under the CopyrightAct If you think of getting into mass production ofa unique design, file a design application asthat would provide you stronger protection &complete monopoly 15. DESIGN Vs. COPYRIGHT DESIGN COPYRIGHTNeed to register toSubsists inherently claim protection Has to be NEWNo requirement fornoveltyMaximum 15 years Life of author + 60 years Only in respect ofIs not goods specificgoods registered for 16. THE DESIGN DEVELOPMENT PROCESS Hi-fashion furniture/metal ware: 2 D drawingsPrototype 3 D model Silver prototype Final 2 D drawing Apparels:Sketch Dress-making patternPrototype/sample garments Finished garment 17. Successful copyright infringement claims Ritu Kumars casesRitikaLimited v.Ashwani KumarRitika Limited v. NinaTalukdar Original Original Ritika Limited v. SajidMobinCopyCopy 18. YSL v. Ralph Lauren YSL was awardeddamages for RalphLaurensinfringement of thedesign rights in YSLsdesign of its tuxedodress 19. Example of infringement of registereddesign Birkin v. Pratt Lace pattern was held to have been infringed 20. INDIAN LANDMARK DECISIONS Microfibres Case [2006(32) PTC 157] Upholstery designs Intention Not Artistic work Design registration More than 50 copies No injunction 21. Tarun Tahiliani Case [Case No. 183 of2007] Haute Couture; Diffusion; Pret-a-porter Accessories Not mass production Distinguished Microfibres Injunction granted 22. Wal-Mart v. SamaraExtension of Trade dress protection to the Fashion 23. What to do when licensing a design A registered design can be licensed to exploitmarkets or commercialise it on a scale beyondthe resources of the author Essential to specify in the license- the term,territory, amount of royalty & type of productsfor which design can be used by licensee 24. Thank you