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Intellectual Property; Industrial Designs

ArticleID 81  
Writer Grace Odinga
Category Personal Article

An industrial design is the ornamental or aesthetic aspect of an article. Industrial designs are applied to a wide variety of products of industry from technical and medical instruments to watches, jewelry and other luxury items from house wares and electrical appliances to vehicles and from textile industries to leisure goods

To be protected under law the industrial design must appeal to the eye. This means the industrial design is primarily of an aesthetic nature and does not protect any technical or functional features of the article to which it is applied.

Industrial design is what makes an article attractive and appealing; hence they add to the commercial value of the product and increase its marketability.

When an industrial design is registered the owner is assured of an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on investment.

An effective system also benefits consumers and public at large, by promoting fair competition and honest trade practices, encouraging creativity and promoting more aesthetically attractive products.

Protecting industrial designs helps economic development by encouraging creativity in the industrial and manufacturing sectors.

Registration of an Industrial design

In most jurisdictions, an industrial design must be registered in order to be protected. For an industrial design to be considered for registration, it must be new. It is deemed to be new if it has not been disclosed to the public anywhere in the world.

The term of protection for industrial design is five years with the possibility of renewal of two consecutive periods of 5 years.

Requirements for registration

1. A completed Form IP27

2. Two identical specimens of the design

3. Drawings photographs or other graphic representations of the article embodying the industrial design and an indication of the kind of products for which the industrial design is to be used.

4. The prescribed application form

5. Where the applicant is not the creator the request must be accompanied by a statement justifying the applicants right to the registration of the design.

Intellectual Property, Industrial Designs, Entrepreneurship, Entrepreneur
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