Industrial designs are presented in a wide range of industrial products and handicrafts, instruments and medical equipments, jewelry and other items.
In another article we have spoken about Industrial design rights. Today we will discuss the importance of industrial design’s registration and protection.
- To ensure protection in accordance with the national legislation of most countries, the industrial design must be new or original and must not have a useful function. This means that the industrial design is mainly about an aesthetic nature and does not involve the protection of any technical features of the product of which it is a part.
- Through the use of industrial designs, the product acquires external and consumer appeal; as a result, the commercial value of the product and the probability of its realization on the market increases.
- If an industrial design is protected, the owner – the natural or legal person who has registered the design, shall ensure for himself the exclusive right to protection against unauthorized copying or imitation of the sample by third parties.
- Protection of industrial designs contributes to economic development, activating artistic creativity in industry and manufacturing, as well as in the traditional fields of art and arts and crafts. And this assits to the revival of commercial activity and the export of national products.
How can industrial designs be protected?
In most countries, to provide protection in accordance with the legislation, an industrial design must be registered. Usually, in accordance with the requirements for registration, the sample should have a “novelty” or “originality”. Different countries have different definitions for these terms, and each country can set its own registration procedure. In general, “new” means that, as far as is known, a similar pattern did not exist before.
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