Industrial Design: Nature and Concept Explained

Introduction

Industrial Design is a form of intellectual property right that protects a product’s appealing or aesthetic features. The features include the product’s shape, color, pattern, lines, and composition. It may also consist of three-dimensional (3D) and two-dimensional (2D) features of the product. In general, Industrial Design is the process and practice of designing products, devices, objects, etc. It involves creativity, innovation, professionalism, research, and other relevant skills.

This Intellectual Property Right protects the unique design of a product while giving the designer or creator an exclusive right safeguarding the aspects, uniqueness, and features of the designed product from being copied, or commercial exploitation.

For an industrial design to be protected it must be registered under the Designs Act, of 2000, with the relevant authorities. Section 2 (d) of the Act defines “Designs” as only the features of shape, configuration, pattern, ornament, or composition of lines or colors applied to any article whether in two-dimensional or three-dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trade mark or property mark, or any artistic work as defined under their relevant acts.

The Designer is therefore required to consider the customer’s needs, market trends, and manufacturing processes while keeping in mind that the design will act as the product and brand’s identity. The design must also be new, and original, but not contrary to public morality. Therefore, the industrial identity focuses on the visual appeal of a product.

Definition of “Design”

Designs is defined in section 2(d) of the Industrial Designs Acts, 2000.

The features of any shape, configuration, pattern or an ornament or color that is given to any two dimensional or three-dimensional objects by any industrial process whether chemical, mechanical, separate or combined which after the finish is solely visible through the eyes, but does not include any mode of construction, a mere mechanical device, an artistic work, a trademark.

Historical Evolution of Industrial Design in India

The Industrial Revolution

During the Pre-Industrial Revolution, craftsmen were producing hand-made crafted designs and items in the form of pottery, furniture, etc which were influenced by their skills, local resources, and culture. There was a lack of mass production of goods due to the need for a large human workforce.

During the late 18^th and early 19^th centuries, machines and factories were introduced for producing goods. This brought a uniformity of designs. This period focused more on bringing beneficial products than aesthetics.

However, this period created a huge challenge as it was difficult to distinguish the products of one manufacturer from that of others. This period also saw an increase in the forms of designs by factories and industries. But there was a lack of legal protection for the same.

Early Development

The first legal framework protecting Industrial Design was introduced in the British Colonial period. In 1911, the Patents and Designs Act was introduced to protect both Patents and Designs in India. It was the beginning of Industrial Design where creators were able to register their designs and get exclusive rights for protecting them. However, the act offered limited protection to native innovations and majorly served the British-dominated industries.

Post-Independence Era

After 1947, there was a necessity to bring a new intellectual property framework due to the developments in society. The need to recognize and safeguard industrial designs, innovation, and originality was increasing. The Designs Act was introduced in the year 2000, which replaced the Patents and Designs Act, of 1911.

Legal Frameworks for Industrial Design

• The Designs Act, of 2000, which replaced the Patent and Designs Act, of 1911 is the legal framework that at present protects and safeguards Industrial Designs in India. The Act protects the aesthetic appearance of a product. It protects new, original, and unique designs of a product. The Act aims to encourage creativity and innovation while ensuring the registered designs are not copied and exploited commercially. The Act protects the registered design product for 10 years plus 5 years when renewed. The Authoritative body of Patents and Trademarks is responsible for registering Designs as well.
• The Designs Rules 2001 provides the guidelines for registering industrial designs under the Designs Act, of 2000 such as the procedures, requirements, necessary documents, classification systems to categorize designs, etc.
• The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement is a part of the World Trade Organisation and sets the minimum standards for protecting intellectual property. The agreement protects industrial design just like it does for Copyright, Patent, and Trademark. It promotes innovation and helps in enforcing intellectual property rights in its member states. The agreement states the minimum term of protection for Industrial Design as 10 years.  The Agreement also prevents others from using registered designs for selling, copying, or commercial purposes.
• The Hague Agreement Concerning the International Registration of Industrial Designs gives Indians the right for the applicants or designers of the product to file protection of designs in multiple countries with a single application when filed with the WTO.
• The Paris Convention for the Protection of Industrial Property, adoptedin 1833mandates its member states to protect international designs in the same way their national designs are protected.
• India became a signatory to the Locarno Agreement in 2019. The Agreement lays down the classification of Industrial Designs known as the Locarno Classification. The agreement is supervised by the World Intellectual Property Organisation (WIPO).

Objective of Design Act

Objectives of the Designs Act, 2000 are:

1. To provide the rules and regulations related to the designs.
2. To protect the designs.
3. To provide the remedies for the infringement or the piracy in the registered designs.
4. To help the consumers to differentiate between he designs with the other similar designs and can differentiate with the brands.
5. The artist, or the creator must get the reward for the creation of the designs and must be able to protect it from the infringement with the help of laws.

Essentials of designs

1. Novel: A design should be new and should not have in existence previously. It must be original which means it is used for the first time. A combination of two or more designs can also be registered if the combination ahs produced a new design.
2. It should be published for the first time. It means it should not be by any means accessible before. The private use of any design is eligible for publication. But if it is by any way available to the public it is not be considered for publication.
3. It should not be immoral or should not be prohibited by the Indian government or which can cause disturbance to the public order and which can disrupt public peace and the society.
4. It must be clearly visible from the eye and must be easily distinguishable.
5. It must have been obtained by any industrial process.

Key Elements

The following are necessary key elements that define Industrial Design under Intellectual Property:

Aesthetic Appeal

It is the key factor of industrial design that focuses on the visual appeal of an object or product such as the colors, patterns, shapes, textures, compositions, etc. It is what makes a product attractive to the buyers. The visual elements of a product are important as they influence the consumers’ behavior. The aesthetic appeal somehow brings a connection between the consumer and the product. The visual appeal not only makes the consumer purchase the product but also brings an opinion on the brand. Therefore, the brand that designs the product focuses more on appealing elements than functionality. A less aesthetically pleasing product might not engage well with the customers. And a more aesthetically pleasing product is said to stand out in a competitive market. An aesthetically pleasing product is said to stand out in a competitive market.

New and Original

A design must be new and original to be registered under the Designs Act, of 2000. This quality of Industrial Design is the same as that of other Intellectual Property. To be protected under the Act, the Industrial Design should not have been previously disclosed to the public or published in any form, or copied work or already registered. It should be an individual’s work out of creativity, innovation, and intellect. The created design should be able to distinguish between pre-existing works and that of other competitors.

Functionality

The Designs Act of 2000 protects only the product’s visual appeal, not its functionality. The functional aspects are covered and protected by the Patent laws. Functionality, in general, refers to the product’s function, performance, use, or operation, which the Designs Act does not protect.

Importance of Industrial Design in Business

Industrial Design plays an important role in the growth of a business. Businesses are required to protect their innovative ideas and products and also build brand recognition, which will help them gain an advantage in the competitive market.

• Industrial design helps differentiate one product from another in the consumer market. It is necessary for a business that aims to sustain itself in a competitive market to come up with aesthetically pleasing designs on products. While comparing a product that is highly visually appealing and less visually appealing, the former works well in the consumer market.
• Industrial Design is the key tool in building a brand’s identity. A well-structured and designed product often becomes the brand’s identity. Consumers identify the brand with appealing visuals. For example, companies like Apple iPhone, and Coca-Cola follow a standard and consistent design, which makes the customer recognize the brand even in a wider competitive marketplace.
• Aesthetic appeal plays a huge role in customer preferences. A consumer in a marketplace will first have eyes on the visually appealing product. While it is important to focus on product functionality, the visual appeal attracts the customer in the first place. A product that can satisfy both functional and visual aspects will get the upper hand in the consumer market. Therefore, consumer appeal and product marketability play a vital role in this case.
• In modern society, counterfeiting has become a huge challenge for business. Registering Industrial Design protects businesses from other brands counterfeiting or imitating their design.
• It also creates an opportunity for businesses to monetize their creation through licensing. Registering design is more of an intangible asset for businesses.
• A well-designed product having product differentiation, high consumer appeal, and strong branding has a competitive advantage against its competitors in the market.
• Exclusive rights over design: The registration of design will provide a exclusive right over the design. The term of a registered design is that the individual gets copyright in registered design for a period of 10 Years which may extend to 15 years after application before the expiry of the 10 years.
• Fair competition: The intellectual property rights in designs provides for the fair competition in the market and the consumers are able to differentiate between the brands by the designs.
• Remedies over piracy in designs. The registered design holder can ask for the remedies in case of the infringement and piracy in designs.
• The designs must follow the Locarno classification of designs and must be registered accruing to the classification only.
• The designs Act, 2000 fives the power to the High court to take the case which have been transferred from the district court if the validity of the registration is challenged.

Challenges in Protecting Industrial Design

• Counterfeiting is an illegal act of fraudulently replicating or imitating a product or brand. In today’s world, this is a major challenge for top brands. It damages the brand’s reputation and brings great financial loss for the original brands. Counterfeiting is widely growing in E-commerce platforms. Enhanced legal actions and digital tracking may help in combatting such cases.
• Proper registration and protection are not sufficient to safeguard Industrial Design rights. Since the legal costs for infringement cases are higher, taking legal action against infringers can be challenging, especially for small businesses. Therefore, the enforcement mechanisms need to be strengthened.
• There is often an overlap between the different types of Intellectual Property that creates confusion in protecting the Industrial Designs.  For example, artistic aspects of an industrial design may be eligible for copyright protection, bringing another complication in this case. 

Case Laws

Whirlpool India vs Videocon Industries (2014)

Both the Plaintiff and the Defendant are leading companies in the Home Appliance Industry. The Plaintiff (Whirlpool India) registered their design in washing machines which consisted of square and round shapes. The plaintiff claimed that the Defendant (Videocon Industries) had copied their designs. The Defendant argued that the designs are not original and have been in use for over more than 50 years.

The issue was whether the defendant had copied the designs and whether the designs of the plaintiff were novel and original.

The Bombay High Court ruled that the designs of Videocon Industries in its washing machine are similar to that of Whirlpool and that the defendant has imitated the designs of the plaintiff. The court stated that the designs of the plaintiff or novel and original. It also added that mere changes and additions are not sufficient to differentiate the product. Therefore, this case of infringement highlighted the need for safeguarding registered designs and prevention of imitation of designs.

Bharat Glass Tube Limited v. Gopal Glass Works Limited (2008)

The Respondent (Gopal Glass Works Ltd.) registered their glass sheet designs in 2002 under the Designs Act, of 2000. The Plaintiff (Bharat Glass Tube Ltd.) applied for cancellation of the Respondent’s design under Section 19 stating that the design was novel and original. The Respondent’s registration was canceled on the same basis by the Assistant Controller of Patents and Designs. The Respondent filed an appeal to the Calcutta High Court, and the court reversed the order. The Plaintiff filed an appeal to the Supreme Court of India. The issue was whether the design was new and original.

The Supreme Court stated that the plaintiff has the burden of proof in this case to prove that the design was already published and it is not novel and original. As the plaintiff failed to establish and no sufficient evidence has been shown, it was decided that the designs of the respondent are novel and original. There was no prior publication or selling of the design before its registration. Therefore, the Supreme Court dismissed the Plaintiff’s appeal.

Conclusion

Industrial Design offers huge advantages for businesses including fostering the brand’s growth. Although functionality is not protected by the Design Act, a product with unique visual appeal combining creativity, innovation, and proper functionality will positively impact consumers. A novel and original industrial design is less likely to encounter infringement complications. It is important to note that aesthetic appeal directly influences consumer preferences as it brings a connection between them. A well-designed product brings loyal customers to the brand and increases recognition. However, the challenges in protecting industrial design show the dynamic nature. Businesses should not only focus on building brands but also on improving and simplifying consumers’ lives.