Sociology Index

Designs Law

Books On Designs Law, IPR Intellectual Property Rights, Copyright Law, Case Law

The main purpose of design law is to protect the design element of industrial production and to promote innovative activity in the field of industries. In 1842, George Bruce was awarded the first design patent for fonts. The copyright protects documents detailing the design as well as any artistic or literary work incorporated within the finished product and the design right focuses more on the shape, construction and configuration of a product. Designs law protects new or original designs created to be applied to a particular article to be manufactured by Industrial Process or means.

What is a design under designs law?
The appearance of a product, the shape, color, texture, materials used and ornamentation. To qualify as a new design, the impression should be different from any existing design. Design is the features of shape, pattern or composition of lines or colour applied to any article whether two dimensional or three dimensional, by any industrial process or means. Purchase of articles for use is influenced not only by their practical efficiency but also by their appearance.

Who owns the design right under designs law? The creator of the design owns any rights in it, the exception being where the work was commissioned or created during the course of employment, where the rights belong to the employer or the party who commissioned the work. The purpose of design registration is meant to see that the creator of a design is not deprived of his bonafide reward by others applying it to their goods.

What are unregistered design rights? Unregistered design rights are automatic and are treated in the similar manner as copyright. Unregistered design rights protect the shape or configuration of a marketable product. Unregistered design rights prevent unauthorised copying of an original design. Design rights can be traded in a similar manner to copyright.