Designs (Edited)

 

In earlier Blogs, I briefly elucidated PCT & the Madrid Protocol. Continuing further, would summarize Designs. IP, albeit prima facie; but, always exceedingly arduous to circumvent or overcome the prima facie part by the one who’s not holding respective IP right. So, in layman’s language, four principles must pass litmus test for being bonafide: Intent <–> Interest <–> Use <-> User. Design means; say let’s consider a Car.

What’s out rightly perceptible with an eye i.e. its outer curves, curvatures, cuts, shapes, lines, colour, in a glimpse, without disintegrating, segregating, dissecting, opening it; constitute Design. Now, let’s say if & when opened the engine, then comes the Patent in picture. And further, considering names, taglines, colour scheme, labels, on it, constitute trade marks. BASIC! Like in India, Design is considered as copyright in design. Term, Ten + further Five Year extendable. But that’s copyright in Design. And not to be confused with copyright itself. A copyright in design, if NOT holding, would cease to exist, even there exists a design copyright. Note the Difference! Certain provisions of Patent can be included too. Term of right may also differ globally, eg., Japan was 20 (now 25 years).

For the rest, Hague Treaty too is present for Design, International filings; alike Madrid (TM) or PCT (Patent).

There’s another form of Design & i.e. Layout Design (Topographies) of Integrated Circuits which is covered under Article 35 - 38 of TRIPS of Section 6 in accordance with IPIC Treaty. The duration is again, 10 years from the date of filing or first commercial exploitation, varies from place to place. It isn’t patentable, copyrightable or comes within scope of industrial design (usually).   

So, intent of IP shall be recognition & Not exploitation. Important aspect! As, absence of IP too is exploitation, as of not being getting recognized or recognition. 😊

© Pranav Chaturvedi