Industrial design right
To qualify for registration, the national laws of most member states of WIPO require the design to be novel.
[1] An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty.
The new act, (earlier Patent and Design Act, 1911 was repealed by this act) now defines "design" to mean only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two- or three-dimensional, or in both forms, by any industrial process or means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction.
[3] In Indonesia the protection of the Right to Industrial Design shall be granted for 10 (ten) years commencing from the filing date and there is not any renewal or annuity after the given period.
"[8] The rule also applies to kits and substantial differences are in reference to previously published designs.
Registering an industrial design in Canada may be appropriate for a variety of articles such as consumer products, vehicles, sports equipment, packaging, etc., having an original aesthetic appearance, and may even be used to protect new technologies such as electronic icons.
Industrial designs can also serve to complement other forms of intellectual property rights such as patents and trade-marks.
[9] The Canadian courts see infrequent litigation concerning industrial designs — the first case in almost two decades took place in 2012 between Bodum and Trudeau Corporation concerning visual features of double wall drinking glasses.
The registered design right can last up to 25 years subject to the payment of maintenance fees.
Objects that lack a use beyond that conferred by their appearance or the information they convey, may be covered by copyright—a form of intellectual property of much longer duration that exists as soon as a qualifying work is created.
[14] Members of the WIPO Hague system have to publish their maximum term of protection for design rights.
(except: spare parts, 15 years) Between 1883 and the early 1950s, the offices of Japan and the United States of America averaged a similar number of industrial design applications, rarely exceeding 10,000.
The office of Japan received the highest number of applications per year from the 1950s thru to the late 1990s, reaching approximately 50,000 annual filings at its peak.
