Industrial Design vs Product Design

Biswajit Sarkar Copyright Blog

What is Industrial Design? Industrial design is the process of designing articles (products, devices and objects) to attract customers and improve their marketability. Individuals that make such designs are known as Industrial designers. What is Product Design?

Salient Features Of The Designs Act, 2000

IP and Legal Filings

The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. The Designs Act, 2000 is one such act. Are not distinctive from other designs.

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Book Release: The Finished Article: Essays on Indian Designs Law

SpicyIP

The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173).

Piracy of registered Design

Biswajit Sarkar Copyright Blog

In the context of Industrial designs, piracy occurs when someone other than the owner uses the registered design for his own gain. In this article, we shall explore the acts that amount to piracy of registered designs and remedies. Acts amounting to piracy of registered design.

Registration and Protection Of Industrial Design In India

IP and Legal Filings

One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs.

Getting your Industrial Design Registration in Oman

IP and Legal Filings

Industrial Design in Oman. Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour.

Industrial Design Registration Process

Biswajit Sarkar Copyright Blog

The term “design” has been defined in Section 2(d) of the Designs Act, 2000 as the features of shape, configuration, pattern, ornament or composition of lines or colours applied on an article that is either two or three dimensional or both. Criteria for design registration.

The European Commission publishes the proposals for a revised Regulation and Directive on designs

The IPKat

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. cars) remain visible during normal use to be eligible for design protection.

Copyright in Registered Designs

Biswajit Sarkar Copyright Blog

Copyright in registered designs means that the author has the exclusive rights to apply a design to any article in any class. The proprietor of a registered design has the exclusive right to apply such design to all such classes. Term of copyright in registered designs.

How to become an industrial designer?

Biswajit Sarkar Copyright Blog

Industrial Design (ID) is the professional practice of designing products, devices and services which are used by people around the world. In this blog, we will answer what it takes and how to become an industrial designer. Duties and responsibilities of an Industrial designer.

Piracy of Registered Designs and Remedies

Biswajit Sarkar Copyright Blog

In the context of Industrial designs, piracy occurs when someone other than the owner uses the registered design for his own gain. In this article, we shall explore the acts of piracy of registered designs and remedies. Acts amounting to piracy of registered designs.

How to Patent a Design

Patent Trademark Blog

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea?

Moving Toward a Design Patent Bar – Progress in the IP Community

IP Watchdog

In recent weeks, the emphasis by the United States Patent and Trademark Office (USPTO) on reconsidering and reforming patent bar eligibility, especially with regard to a potential design patent bar, represents a significant challenge to well-established Patent Office procedures.

What is a Design Patent?

JD Supra Law

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects.

How to Challenge a Design Patent Application

Patent Trademark Blog

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. So how do you challenge a design patent application?

Difference Between Trademark And Design Registration In India

IP and Legal Filings

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

Design Renewal in India

Selvam & Selvam Blog

At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. Intellectual Property Rights Industrial Designs India Renewal design

CAFC Says District Court Correctly Invalidated Design Patent

IP Watchdog

Design Patent No. Courts District Courts Federal Circuit IP News IPWatchdog Articles Litigation Patents Trademark USPTO CAFC design patents functionality intellectual property patent Patent Litigation patent office trademark trademarksOn June 22, the U.S.

Activision Accused of Plagiarism in Upcoming Dog Operator Design

Plagiarism Today

The post Activision Accused of Plagiarism in Upcoming Dog Operator Design appeared first on Plagiarism Today. On July 27, Activision published a series of patch notes and an announcement about mid-season content that was being added to their games.

How to Protect Your Fashion Designs

Art Law Journal

Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. Patrick J. Concannon.

EUIPO on trade marks and designs in the metaverse

The IPKat

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago.

Design Search

Biswajit Sarkar Copyright Blog

Importance of Design Search. A design search is important to ascertain whether the proposed design has been registered or not. The details of the application for design registration are entered in the database of the Design Office. Design Search Procedure.

How to satisfy the ‘novelty’ condition while registering a design?

Biswajit Sarkar Copyright Blog

What are designs? Designs are the visual features of objects, something that is solely perceived by the eye. In India, Designs are protected under the Designs Act, 2000. Why register a design? Conditions for registration of a design.

CJEU confirms that partial designs may be protected as unregistered designs (but conditions apply)

The IPKat

In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). As such, it is a short leap to requiring visibility for all categories of designs.

Design Infringement

Biswajit Sarkar Copyright Blog

Under the Design Act of 2000 in India, copying of a registered design is considered an Infringement of Design. The provisions pertaining to the piracy of registered designs in India are contained in Section 22 of the Designs Act, 2000.

Design Board established in Denmark – a welcome step for artists and designers?

The IPKat

Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. Addressing this need, the Danish Design Board (Designnævnet) was launched on February 24, 2022.

Can you file a design patent to protect from infringement?

Patent Trademark Blog

Can filing a design patent protect you from infringement? If that is true, getting a design patent would not necessarily protect you from infringement of utility patents. But, what if getting a design patent could somehow protect you from infringing other design patents?

Animated Design Patents

Patently-O

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.”

Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

China: Design Patents and the Metaverse

IP Tech Blog

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent.

Author Talks: Design your future

McKinsey Public & Social Sector Insights

Danish design experts Christian Bason and Jens Martin Skibsted say humanity needs a more expansive outlook on problem-solving—one that is less human-centered and more future-proof.

How can an Amazon seller use design patents?

Patent Trademark Blog

How can an Amazon seller benefit from design patents? If you are an Amazon seller, design patents must be considered – either offensively or defensively. Offensively, you can acquire design patents to protect the unique visual appearance of your product.

Design Cancellation

Biswajit Sarkar Copyright Blog

The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure.

November 2022: Indigenous Art & Apparel Design Newsletter

JD Supra Law

The Native American Law & Policy practice group at Dentons US LLP brings you the latest on federal policies, legal news, and events in the Indigenous art and fashion world. By: Dentons

Art 91

India – Liability of Industrial Design Infringement

Kashishipr

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. The ultimate purpose of the Act is to safeguard the intellect of the proprietor of the design in question. Infringement of Industrial Designs .

How to Incorporate Privacy by Design Into Your Business

Olartemoure Blog

Privacy by Design is the integration of data processing procedures to every stage of business practices. The European Data Protection Board has established the most complete guidelines regarding Privacy by Design and by Default as set forth in the European Union’s GDPR (1).

McDonald's Escapes 'Ridiculous' Design Patent Suit

IP Law 360

An Illinois federal judge has cleared fast food giant McDonald's of claims that its mobile app infringes a patent-holding company's user interface design, saying he couldn't imagine how the two designs could be confused

Design patent failures: What can go wrong?

Patent Trademark Blog

What are common design patent failures? Filing a design patent application doesn’t seem very complicated. A design filing seems so simple. Let’s explore some common design patent failures. Below is an example of a design patent drawing that contains both.

What are “public policy” and “accepted principles morality” in EU design law?

The IPKat

9 of Design Regulation (EC) No 6/2002 , a design right shall not subsist in a design that is contrary to public policy or to accepted principles of morality. An equivalent provision is also included in Design Directive 98/71/EC. 7(2) of the previous German Design Act.

Protection of Jewelry in India: Copyright or Design?

IP and Legal Filings

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. The post Protection of Jewelry in India: Copyright or Design?