Copyright Protection for Industrial Designs

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Copyright protection for Industrial designs in India Introduction- In the present era of globalization, it is progressively obvious that the intensity of any undertaking relies on upon its capacity to advance its item and administration with a target to separate itself from its rivals or competitors in the business. It is normal for makers to catch item advertise or make a specialty for their item by separating, a generally comparable item on the premise of ‘eye appeal’. Regardless of the possibility that these items are not impeccable substitutes, the decision of shoppers and thusly market interest; may, to an extensive degree, rely on upon the appearance.

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In this appreciation, Industrial Designs (ID) have turned into a critical component in a product value chain. This permits a high potential and motivating force for benefit for business through interest in ID particularly substantial makers. For such item sections, “design” is a fundamental part and hence is protected to avoid imitation with an intention of passing off. After the industrial revolution in the present time it’s become necessary to give a special and unique shape of any article or product by industrial process. Today, manufacturers are interested in design of the article they produce. For the same they invest their capital with expensive research and because this Legal protection becomes necessary for their creation of new design or their articles. The protection is available under Designs Act, 2000 and Designs Rule, 2001 as amended in 2008. History of design protection in India- The first design protection legislation enacted in India was the Patterns and Designs Protection Act, 1872 which is enacted by the Britishers during British India. According to this inventors of new patterns and design have exclusive privilege of making, selling and using the invention I India or give license to do so for short period. After some time The Invention and Designs Act, 1888 was enacted. United Kingdom enacted Patents and Designs Act in 1907 and it becomes the basis of Indian Patent Act, 1911. Later in 1970 the Patents Act repealed the provisions relating to patents in the Indian Patents and Designs Act, 1911 and the act continue under the new title Design Act, 1911 with some amendments. The Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) culminated at the end of seven years of negotiations from 1986 to 1993, as part of the Uruguay Round of Multilateral Trade Negotiations of the GATT. TRIPS came into force on 1st January 1995 with the establishment of World Trade Organization. TRIPS agreement provides minimum standards and norms in different property rights which include Industrial design. Protection of Industrial Designs in India- The important law legislating Designs in India is the Designs Act 2000 and the Designs Rules 2001. Designs Act, 2000 is the new law identifying with Industrial Designs,

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