An industrial design refers to the ornamental or aesthetic aspects of an article.A design can be three-dimensional, such the shape or surface, or two-dimensional, such patterns, lines, or colour.
Industrial designs can be applied to many products of industry or handicraft, including watches, jewellery, and technical and medical instruments; housewares and electrical appliances; vehicles and architectural structures; textile designs and leisure goods.
A industrial design is not a technical feature of an article, but it is of a visual or aesthetic nature.
Third parties cannot copy or imitate the owner’s design.Industrial designs are important because they increase the product’s commercial value and facilitate its marketing and commercialization. Their protection ensures that you get a fair return on your investment.
Fair competition and honest trade practices are encouraged by the protection of industrial designs.This allows for more visually appealing and diverse products which increases consumer choice.
The protection of industrial design acts as an economic stimulus for a country by encouraging the expansion of commercial activities and enhancing the export potential.
The owner cannot prevent third-party copying or limitation of his/her design.
The non-protection and use of industrial designs discourages unjust competition and dishonest trade practices.
These are not registrable designs as defined by the Ordinance.
A design that, in the opinion the Registrar is not original or new.
Design that is identical to a design published or registered elsewhere in the world prior to the date of the application. (Or, in the case where Section 11 claims priority of date, before the priority date) A design that differs only in immaterial details from a previously registered design or features which are commonly used in trade.
However, Section 6 of the Ordinance allows for the following exception:
– “Wherever the registered owner of a registered design in respect to any article makes a request.
A. to register in respect of one or several other articles of the registered designer,
b. to register the same or one of more articles of a registered design, consisting of the registered model with modifications or variations that are not sufficient to substantially alter its character or affect its identity.
The application will not be denied and the registration granted on that application shouldn‘t be invalidated solely because of previous registrations or publications of the registered designs:
This section does not apply to designs registered after the expiration of the extended registration period in the original registered design.
A method, principle, or improvement in the construction, arrangement, or application of machinery.
Anything that is not a mechanical device.A design is defined as a combination of features of form or configuration that are determined solely by the function the article must perform.
Any Trade Marks, as defined in Section 2 Trade Marks Act 1940.
It is a mere addition to two or more articles of known form or pattern.
Copyrights in artistic, literary, dramatic, and musical work as defined by the 1962 Copyrights Ordinance.This means that works of sculpture other than models, casts, or models intended to be used for models or patterns to multiply by any industrial process; wall plaques or medals; and printed matter primarily of a literary and artistic character, including book-jackets calendars certificates coupons dressmaking patterns greeting cards leaflets maps plans postcards stamps trade advertisements trade forms and cards transfers and so on.
A design that contains a reproduction of or imitation of the armorial bearings or emblems, seals or coat-of-arms or orders of chivalry or decorations or flags of any country or place, society or institution, or the name of a deceased person, without the consent of the appropriate official to the registration of the design is given to the Registrar.
The Pakistan Names and Emblems Act (Prevention of Unauthorized Usage) Act, 1957 explicitly prohibits registration as Design or Patent (Under the Registered Designs Ordinance 2000 and the Patents Ordinance 2000).
Any unique shape may be registered as design. The design may consist of 2/3 dimensional of shape or surface. A design can be registered for 05 years in Pakistan and renewed for further term of 05 years.
STEPS OF REGISTRATION