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An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value.
Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. They may be sometimes called intellectual rights. See outline of patents for a topical guide and overview of patents.
An industrial design right (sometimes called "design right" or design patent) protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value.
Industrial design laws therefore usually only protect designs that can be used in industry, or that can be produced on a large scale. This condition of industrial production is a notable difference between industrial design protection and copyright, since the latter concerns only aesthetic creations.
In the United States, a design patent is a form of legal protection granted to the ornamental design of an article of manufacture. Design patents are a type of industrial design right. Ornamental designs of jewelry, furniture, beverage containers (Fig. 1) and computer icons are examples of objects that are covered by design patents.
Design is a form of intellectual property right concerned with the visual appearance of articles which have commercial or industrial use. [1] [2] The visual form of the product is what is protected rather than the product itself. The visual features protected are the shape, configuration, pattern or ornamentation.
the applicant has a real and effective industrial or commercial establishment in a Contracting Party; the applicant has their habitual residence in a Contracting Party (only available if the Contracting Party in question has adhered to the 1999 (Geneva) Act) An applicant who does not qualify under one of these headings cannot use the Hague system.
An industrial design gives a product or handicraft a distinct look. It may be 2-Dimensional (lines and colours), 3-Dimensional (shapes) or a combination of both. There are however industrial designs that are not patentable. Examples of these are the following: Mere schemes or decorations that are not part of the product or handicraft