What is Industrial Designs?

Summary

This video explains the concept of industrial design protection, distinguishing it from patents. Industrial design safeguards the aesthetic look and feel of a product, provided it's novel, original, and not previously published. Designs must be registered to receive protection, and their validity is territorial. The video highlights a case between Crocs and Bata, illustrating how a published design can invalidate protection. The key takeaway is the importance of filing for design protection before commercialization or publication, as once a design is made public, it cannot be registered for protection.

Takeaways

• 😀 Industrial designs protect the aesthetic look and feel of a product, often referred to as a design patent.
• 😀 Unlike patents, which focus on functionality, industrial designs focus on the visual appeal of products or articles.
• 😀 To qualify for design protection, the design must be novel, distinctive, original, and unpublished.
• 😀 Design protection lasts for 15 years, but it requires registration to be valid and enforceable.
• 😀 Designs are territorially protected, meaning they are only valid in the country where they are registered.
• 😀 Design infringement occurs if a similar design is used on a similar article without permission.
• 😀 The test for design infringement is based on 'substantial similarity,' similar to the test used for copyrights.
• 😀 A real-life example of design infringement involved Crocs suing Bata, claiming their design was copied.
• 😀 Bata successfully defended itself by proving that Crocs had published the design before filing for registration, which invalidated Crocs' claim.
• 😀 It is critical to file for design or patent protection before publishing or selling a product to avoid losing rights.
• 😀 Patent and design law generally discourage publishing or selling a product before securing legal protection, with narrow exceptions.

Q & A

What is industrial design protection?

Industrial design protection safeguards the visual appearance or aesthetic features of a product. This includes the look and feel of the design, which can be a unique shape, color, texture, or any other visual feature that makes a product visually appealing.

How does industrial design differ from a patent?

A patent primarily protects functional inventions, whereas industrial design protects the aesthetic aspects of a product. While patents focus on the function or utility of an item, industrial designs focus on how a product looks and feels.

What is the primary requirement to get industrial design protection?

To receive industrial design protection, the design must be novel, distinctive, and original. It should not have been published or disclosed to the public before the application.

What is the term of protection for an industrial design?

The protection for an industrial design lasts for 15 years. This protection is contingent upon registration, and once registered, it can be enforced against infringing parties.

What happens if someone copies a registered industrial design?

If someone copies a registered industrial design, they may be liable for design infringement. The owner of the design can take legal action to protect their intellectual property.

How is design infringement determined?

Design infringement is determined using the test of substantial similarity. The court assesses whether the designs are similar enough that an ordinary viewer would confuse them.

What was the basis of the legal dispute between Crocs and Bata?

Crocs filed a case against Bata for allegedly infringing on its design. However, Bata successfully defended itself by proving that Crocs had published the design on its website before applying for design protection, which made Crocs ineligible for protection.

Why is publication before filing for design protection a problem?

Once a design is published, it loses eligibility for industrial design protection. To avoid this issue, it's important to file for protection before commercializing or publicly revealing the design.

What is the advice for businesses regarding design protection and commercialization?

The best practice is to file for design protection before selling or publicly displaying the product. This ensures the design remains protected, as publishing or commercializing a design before filing can forfeit design protection.

What exception exists in patent law regarding the publication of designs?

Patent law provides a narrow exception for publications, but it is challenging to prove. Therefore, it is generally advisable to file for patent or design protection before making a public disclosure or commercialization of a product.