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Industrial
Designs
Features
of shape or ornamentation that give a manufactured article
visual appeal are called "industrial designs". Some
objects that are the subject of industrial designs can also be
protected by copyright, and some, in certain cases, can even be
protected by trade-mark rights. However, a large number of such
objects can only be protected by obtaining an industrial design
registration, which has a term of ten years. Among the types of
articles often protected by design registration are containers,
furniture, home appliances, clothing items, and fashion
accessories. Unlike a patent, an industrial design registration
does not protect the functional features of an article, though
sometimes both types of protection are available for a newly
developed article of manufacture that incorporates both
aesthetic and utilitarian aspects.
A design registration offers the opportunity for legal
redress against others who subsequently produce articles with
the same or very similar appearance.
The
nature of design protection varies from country to country.
Throughout the world, the law governing industrial designs is
very complex, in part because designs merge both form and
function. It would be imprudent for a person without legal
training in the field to try to make an assessment of whether
copyright or trade-mark rights may be available to protect a
particular design, or whether the design may incorporate
patentable features, and whether in any event an industrial
design registration should be sought. If you have created a new
design, you should consult with a patent agent or lawyer who has
experience in intellectual property matters to ensure that
potentially valuable rights are not lost.
Industrial
Design Services:
The
following are some of the services which we can offer to you in
the industrial design area:
-
searches
and opinions as to the registrability of industrial designs;
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drafting,
filing and prosecution of industrial design or design patent
applications in countries around the world;
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advice
and assistance in the enforcement of your industrial design,
or conversely advice and assistance in the case where you
are accused of infringing someone else’s design;
-
assistance
in the licensing, assignment or transfer of industrial
design ownership rights, or other related aspects of
business transactions.
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