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Designs 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.
Designs Act, 2000
The New Designs Act, 2000 conforms to international trends in design administration.
The TRIPS Agreement provides minimum standards of protection of industrial designs.
Article 2.1 of TRIPS Agreement obligates its members to comply with Articles 1 to 12
and Article 19 of the Paris Convention.
Article 25.1 obligates the members to provide protection of independently created
industrial designs that are new or original.
Article 25.2 mandates each member to ensure that requirement for securing protection for
textile designs, in particular in regard
to any cost, examination or publication, do not unreasonably impair the opportunity to see
and obtain such protection. This
obligation can, however, be met either through copyright law or design law.
Article 26.1 confers upon the owner of a protected industrial design, the right to prevent
third parties not having his consent from
making, selling or importing articles bearing or embodying a design which is a copy, or
substantially a copy, of the protected
design when such acts are undertaken for commercial purposes.
Article 26.2 provides limited exceptions that do not unreasonably conflict with the normal
exploitation of protected industrial
designs and do not unreasonably prejudice the legitimate interests of the owner, taking
account of the legitimate interests of the
third parties.
Article 26.3 provides for a minimum term of protection of at-least 10 years
Books On Designs Law:
Design
Law in Europe Report
of the Committee to Consider the Law on Copyright and Designs Copyright
and Designs Law:A Question of Balance Irish
Copyright and Design Law
The Geneva Act (1999) Of The Hague Agreement Concerning The International Registration
Of Industrial Designs
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