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» INDUSTRIAL DESIGNS
 

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two dimensional features, such as patterns, lines or color. Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry and other luxury items; from house wares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods. An industrial design is primarily of an aesthetic or visual nature, and does not relate to the technical features of an article.

 

Advantages of Registered Designs

 

  • The owner is able to prevent unauthorized copying or imitation of his or her design by third parties. In addition, as industrial designs add to the commercial value of a product & facilitate its marketing & commercialization, their protection helps ensure that a fair return on investment is obtained.
  • Protection of industrial designs encourages fair competition & honest trade practices. It leads to the production of more aesthetically attractive & diversified products, thereby broadening consumer choice.
  • Industrial design protection acts as a spur to a country’s economic development by contributing to the expansion of commercial activities & by enhancing the export potential of national product.

 

Except in the case of an application under Section 11 of the Ordinance, any person claiming to be the proprietor of any new or original design not previously published any where in the world may make an application for the registration of such design in Pakistan. Thus the applicant need not be the author of the design.
The “proprietor or creator of a design” is defined in Section 2(b) of the Ordinance, which reads as follows:

 

Where the author or creator of the design, for good Consideration executes the work for some other person, the person for whom the design is so executed.

 

Where a design or the right to apply a design to an article becomes vested, whether by assignment, transmission or operation of law, in any person other than the original proprietor, either alone or jointly with the original proprietor, in respect and to the extent in and to which the design or right has been so vested, that other person or, as the case may be the original proprietor and that other person.

 

If and to the extent to which two or more person have created the same design independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validity claimed priority date shall have the right to the registration of industrial design, as long as the said application is not withdrawn, abandoned or rejected.

 

In any other case, author or creator of the design as may be assigned or as may be transferred by succession.


The term “person” includes a Company Body Corporate, Firm, partnership, etc.

 

An application for the registration of a design must be made on prescribed Form, and must be accompanied by the prescribed number of representations of the design or the specimen of the article bearing the design and by the prescribed fee and affidavit in accordance with Rule 63B.



If it is desired to register the same design in more than one class, a separate application must be made in each class

 

 
 
 
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