Industrial design

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4. INDUSTRIAL DESIGN

4.1 INTRODUCTION

A well designed car is not only gives a joy to sit on and ride, but a pleasure to look at it and own it as well. This kind of basic description can be applied to almost all the manufactured product from the airplane to the safety pin. The success of a product in the market place thus depends not only on its functionality, but also greatly to the aesthetic appeal attached to it. This is the reason why manufacturers now a day's invest a great deal of money just to know how in their industrial designs and why an original design is considered a valuable intellectual property.

Industrial Design as quoted by the (ICSID) i.e. the International Council of Societies of Industrial Design is: “Industrial Design is a creative activity with the aim to determine the formal qualities of objects produced by industry. These formal qualities of objects include the external features, but are principally those structural and functional relationships which convert a system to a coherent unit both form the viewpoint of the producer and the user. Industrial design embraces all aspects of human environment that are considered by industrial protection.” In other words from our basic knowledge of Industrial Design we know it is basically the shape, pattern or ornamentation which is applied to a useful and a worthy article that is mass produced or it may be the aesthetic appeal of the utilitarian article. All these features can be embodied in, or applied to the entire or the part of the article made by hand, tool or machine. These designs have many features intended for visual appeal which are used to increase the commercial or brand value of a product which eventually enhances the marketability. Thus, Industrial Design Law is mainly employed mainly to protect such interests mentioned above with industrial applicability.

Canadian industrial design (similar to the United States of Americas “Design Patents”) basically protects their industrial design registrations form original features of shape, configuration, pattern or ornamentation to their produced articles. The industrial design law protects not only the specific design registered, but also any design not differing substantially there from.

4.2 HISTORY AND NEED FOR INDUSTRIAL DESIGN

When we compare Industrial Designs with the allied disciplines like ‘Architecture' and ‘Engineering', we find that it has a shorter history and came into being only in mid -20th century. Before this time, the production of day to day objects was mainly the result of individual manual effort within a craft based economy. The Industrial Revolution which took place then, led to the mass production of these kinds of objects. Thereafter, this industrial revolution led to the fact that, these artists and craftsmen were largely excluded from the industrial modes of manufacturing. This disparity by the revolution created a need for a balance between art and industry, however was soon expressed by concerned groups and individuals and ultimately led to the profession which we now call as Industrial Design.

Industrial design regime became firmly established in Canada only after 1945, after the growth and development of the secondary industry during the World War II. C.D. Howe, the federal minister of reconstruction at that time was concerned that this particular potential of industrial design be preserved. He then requested for the display of industrial discoveries by National Research Council of Canada be arranged. Post the second world war design institutions conceived designs in terms much more broader than their functioning, aesthetic competence or economic advantage and hence many fellow Canadians realized the need to protect their product designs from their rivals especially America. Then in early 1951, Donald Buchanan expressed his desire to the designer's challenge in terms of American influence as he thought the American tendencies of styling is a threat to the emergence of the Canadian design, all these expressed in national terms according to him, it was all for nations identity and recognition. Basically his desire was to strengthen cultural identity and side by side not to allow Americans to take all credit of their designs, led to what we know now as the Canadian industrial design to more or less as we know now. Many Canadian designers like Jacques Guillon, Julien Hebert, Jan Kuypers and Frank Dudas were pioneer in this profession and gave a sound basis to the Industrial Design intellectual property regime in Canada.

4.3 Office in Canada for the Industrial Design regime

For anyone who is the creator of, or an investor in any firm, an original industrial design analyst, for all of them Canadian law offers protection from unlawful imitation of their design in their respective fields. The Industrial Design Act (comes under the Industrial Design Intellectual Property, Canada) , like other forms of intellectual property legislation, works to protect owners while promoting the orderly exchange of information. To get any protection related to the industrial design issue in Canada one needs to register their design with the Canadian Industrial Design Office, the office that receives, processes, classifies searches and examines applications for registration of industrial designs. The Canadian Intellectual Property Office (CIPO) has a separate office for Canadian Industrial Design Office known as the Industrial Design Division and belongs to the Copyright and Industrial Design Branch. This Division also registers assignments, licenses and changes of ownership, and collects fees. Once registered, industrial designs are publicly disclosed and become part of the register maintained by the Division. Copyrights, industrial designs and integrated circuit topographies are all managed under the direction of the Copyright and Industrial Design Branch. The address of this Office is:

Industrial Design Office
Canadian Intellectual Property Office
Industry Canada
Ottawa, Ontario
KIA OC9

4.4 Registering the IP regime Industrial Design

Every manufacturer of every another product which has a visual feature can identify it as coming from that manufacturer or with whomsoever the manufacturer seeks to identify will be eligible for registration of an industrial design that must be original and be produced in quantity or intending to do so. The registration procedure can be explained by a step by step approach as follows:

1. File the request to Apply:

Time is no barrier for filing an application as long as the design is not published i.e. has been made public or offered for commercial use. But one must file an application within 12 months of publication or he/she will lose his/her exclusive rights to design. While registering for an industrial design the Canadian Industrial Design Office can ask further information regarding the design like, whether the end users will never see the design in its actual form as disclosed in the application, will the design be visible to the user, the utilitarian features of the application and other related topics

2. Starting with the Application:

The Canadian Industrial Design Office gives the basic information to start with the application procedure. But the office won't prepare any application or conduct a register- ability search for existing designs related to yours. No opinion about the aesthetic or commercial merits of one's design will be given. So the Office wants us to do the all our research work before applying. As drafting an application for the industrial design requires careful attention to details and knowledge of the regulations, one can hire registered patent agents as they are experienced in the field.

3. Preparing for the application: The final application has four basic elements which are required by the Industrial Design Act they are:

  • Written description of the original features if the design
  • Drawing and photographs in any
  • Declaration and fees

In the description of the design try to focus on the features that you think are original and needs protection rather than describing every feature which is not required. The agents as mentioned above should ensure that your wording meets the basic requirements of the act. But it is the responsibility of the proprietor to cover all its distinctive features.

4. How long the application filing takes:

The Canadian Industrial Design Office has an international treaty signed which does not allow the office to register the designs before six months of filing the report. Therefore, it takes around 6 to 12 months to have an application examined and registered by the office.

5. The Registration Period:

Form January 1, 1994 registration of the industrial design is for a ten (10) year term and before the expiry of the five years from the date of registration of the design, a maintenance fee must be paid to Canadian Industrial Design Office. After the period of 10 years anyone is free to make, use rent or sell the design in Canada.

6. Fees for registration:

A fee is to be paid for the application examined by the Industrial Design Office, this is for preparing and filing application when received and ready for claiming Paris Convention Priority; The fees as effective form 01 January 2008 in Canadian Dollars usually ranges from CAD$1200 to CAD$1500 which includes government fee and agent's fee. There are additional fees for renewal and late renewal of a design registered prior to January 1, 1994, and for maintenance and late payment of the maintenance fee for designs registered after January 1, 1994. Fees are subject to change without notice. The date of commencement of enforcement of the protection period shall be recorded in the General List of Industrial Design and announced in the Official Gazette of Industrial Design.

4.5 Protection offered by the Industrial Design

The advantage of registering your industrial design is that it records your exclusive rights to the design. Registration enables you to prevent others from making, using, renting or selling a design in Canada for up to 10 years. Keep in mind that, unless your register a design, you can make no legal claim of ownership and have no legal protection from imitation. This is different from trademark and copyright protection, which allows you to claim ownership even without registration.

4.6 What is not in the subject matter of Industrial Design

Features applied to a useful article that are dictated solely by a utilitarian function of the article are not registered under this IP regime. In addition, any method or principle of manufacturing or construction has no protection under industrial design.

The following cannot be register under the Industrial Design Act:

  • Designs for the articles that serve no useful purpose to the mankind as a whole entity;
  • Designs that are utilitarian only and not intended to provide visual appeal;
  • Designs that have no fixed appearance(example: a beanbag made of rice)
  • Designs for components that are not clearly visible (for example, features that are hidden from view under a casing);
  • the method of construction;
  • An idea not yet implemented or designed;
  • Materials used in the construction of an article;
  • the useful function of the article; or
  • the color as such (other than a pattern that may be created by an arrangement of contrasting colors).

4.7 License and Assignment of Industrial Design

Assignment

An "assignment" basically consists of selling all or some part of your rights in the design permanently to another party. This party or "assignee" assumes ones ownership rights to make, use, import, rent or sell products incorporating the registered design and to authorize all others if they want to do a similar use. The agreement basically involves exchange of money, but no prescribed form(pre available form) for this is available in the Canadian Industrial Design Office. But they do have a template which covers all the basic requirements of the Office and its needs. But as the form template is very basic it usually leads to disputes and hence it should be prepared with the assistance of the lawyer. They are usually recorded against pending or registered designs. The new owner should ensure that the assignment is recorded with the Industrial Design Office. This is done by sending in either the original or a certified copy of the assignment document along with the recorded fee. The recording of the assignment allows the new owner to sue for damages if anyone infringes the design. Assignments may be recorded against pending or registered designs.

licence

A license gives the greatest financial benefit which comes from licensing the industrial design. If he/she licenses his/her design, then basically he/she is allowing someone else to use it in accordance with the particular terms and conditions set out in the license which are negotiated between the involved parties. . Similarly, you could have an exclusive license with one party for the period of the renewal.Licenses should be registered and they tend to be more involved than assignments .

Assignments, licences and other agreements affecting an industrial design can be recorded in the Industrial Design Office on payment of the prescribed fee and the submission of a copy of the document affecting the agreement, or an affidavit providing evidence establishing the rightful assignee/licensee.

4.8 Real Life Examples

Framework Connector

542-Frame Holders

COMPRESSOR


086-01-Miscellaneous Pneumatics

HEADPHONE

022-15-Headsets and Microphones

Description:

The design features are one of shape, configuration, ornament, or pattern or are a combination of any of these features. Figure 1 is a front, top and left side perspective view of the framework connector; Figure 2 is a front elevation view of the framework connector, the rear elevation view , top elevation view and bottom elevation view each being a mirror image of the front elevation view. Figure 3 is a left side elevation view of the framework connector, the right side elevation view being a mirror image of the left side elevation view. The portions shown in stippled lines do not form part of the design and are included for illustrative purposes only.

Description:
The design is the features of shape, ornamentation and configuration of the portions of a compressor shown in solid lines in the drawings. The stippled line portions do not form part of the design. Drawings of the design are included wherein: FIG. 1 is a perspective view of a compressor according to the design. FIG. 2 is a front view thereof. FIG. 3 is a rear view thereof. FIG. 4 is a side view thereof. FIG. 5 is an opposite side view thereof. FIG. 6 is a top view thereof. FIG. 7 is a bottom view thereof.

Description:
The design consists of features of the shape, configuration and ornamentation of a Headphone as shown in the drawings in which: Fig. 1 is a perspective view of a headphone showing the new design; Fig. 2 is a front view thereof; Fig. 3 is a rear view thereof; Fig. 4 is a top plan view thereof; Fig. 5 is a bottom view thereof; Fig. 6 is a right side view thereof; Fig. 7 is a left side view thereof; and Fig. 8 is a perspective view with a connection cord attached. In the drawings, the stippled lines represent environment and do not form part of the design. Drawings of the design are included.

Registered Proprietor(s):

EXPO DYNAMO (SYSTEMS) LTD.
4075 WEST 28TH AVENUE
VANCOUVER, V6S 1S7
BRITISH COLUMBIA, CANADA

Registered Proprietor(s):

CAMPBELL HAUSFELD/SCOTT FETZER COMPANY
100 PRODUCTION DRIVE
HARRISON, 45030
OHIO, UNITED STATES OF AMERICA

Registered Proprietor(s):

KABUSHIKI KAISHA AUDIO-TECHNICA, ALSO KNOWN AS AUDIO-TECHNICA CORPORATION
2206, NARUSE
MACHIDA-SHI, TOKYO,
JAPAN

Current Owner(s):

EXPO DYNAMO (SYSTEMS) LTD.
4075 WEST 28TH AVENUE
VANCOUVER, V6S 1S7
BRITISH COLUMBIA, CANADA

Current Owner(s):

CAMPBELL HAUSFELD/SCOTT FETZER COMPANY
100 PRODUCTION DRIVE
HARRISON, 45030
OHIO, UNITED STATES OF AMERICA

Current Owner(s):

KABUSHIKI KAISHA AUDIO-TECHNICA, ALSO KNOWN AS AUDIO-TECHNICA CORPORATION
2206, NARUSE
MACHIDA-SHI, TOKYO,
JAPAN

Term of Protection:10 years, subject to payment of a maintenance fee.

Term of Protection:10 years, subject to payment of a maintenance fee.

Term of Protection:10 years, subject to payment of a maintenance fee.

Maintenance Fee Paid:

Yes

Maintenance Fee Paid:

No

Maintenance Fee Paid:

No

Filing Date:

2009-04-30

Filing Date:

2009-08-07

Filing Date:

2008-11-12

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