INDUSTRIAL DESIGN
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Industrial Design
An industrial design means the features of shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features in which the finished article appeal to and are judged by the eye. In simpler terms, an industrial design furnishes an object to be more appealing, thus increasing the object’s commercial value.
The design may be a three-dimensional based on the shape or surface of the object, or two-dimensional based on the object’s patterns. Novelty, originality and visual appeal are fundamental if an industrial design is to be protected. Its aesthetic features should not be imposed by the technical functions of the product.
On the point of novelty, Malaysian industrial design law requires that the design must not have been disclosed to the public anywhere in Malaysia or elsewhere in the world before the priority date or the date of application for registration of the design. However, this regulation may vary according to countries. An industrial design that are contrary to public order or morality shall not be registrable. In addition, the following features are generally excluded from industrial design registration:-
Method or principle of construction
Features of shape or configuration that depend on the appearance of another article, of which the first article is intended by the designer to form and integral part.
An industrial design is given protection usually from 5 years to 25 years. The length of protection varies according to countries.
An industrial design refers to the ornamental or aesthetic aspects of an article or finished product, including features of shape, configuration, pattern, ornamentation applied by any industrial process. These features are ones that appeal to and are judged solely by the eye.
To qualify for protection, the design must not have been disclosed to the public anywhere in the world before the priority date or date of application, original and visual appeal. Importantly, the aesthetic features must not be determined solely by the technical function of the product.
Duration of Protection
Industrial design rights typically offer protection for an initial term of five years in most countries and possibility of renewal up to 25 years, depending on the laws of the country in which protection is sought.
Importance of Industrial Design
Industrial design rights are a crucial part of a company’s intellectual property portfolio, especially in sectors where product appearance drives consumer choice. Industries such as consumer goods, electronics, fashion, packaging, furniture, automotive, and software interfaces rely heavily on design appeal to build brand identity and competitive advantage.
