Industrial Design
A DESIGN is defined as the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article by any industrial process or means, whether manual, 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 or anything which is in substance a mere mechanical device and does not include any trademark or property mark or artistic work .Design Ordinance protects only designs that is aesthetic in nature. They may be decorative elements added to the article or they may be part of very shape or configuration. Novelty and originality are important criteria in a design for registration. In addition, only those designs that are applied to an article by an industrial process will be protected.
Brands Security Services of Pakistan conducts searches on prior Industrial Design registrations, advice on availability and suitability of Designs for registration, filing and obtaining grants for Designs.Young designers & engineers are encouraged to take steps to protect their Designs and on best methods of commercial development.The services of Design renewals and drafting Licensing contracts are also part of the services we offer in relation to protection of Industrial Designs.
This helps the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
Industrial designs are applied to a wide variety of products of industry and handicraft items: from packages and containers to furnishing and household goods, from lighting equipment to jewelry, and from electronic devices to textiles. Industrial designs may also be relevant to graphic symbols, graphical user interfaces (GUI), and logos.
The registration of industrial designs in Pakistan gives the registered proprietor exclusive rights to the same. The right holder is able to prevent unauthorized copying or imitation of his or her design by third parties. Moreover, as an industrial design adds to the commercial value of a product and helps in its commercialization, its protection ensures a fair return on the investment made by the right holder. Industrial designs also produce more aesthetically attractive and diversified products.
Design rights are granted on a country-by-country basis, with a Pakistani registration providing protection only in Pakistan. If the right holder wishes to protect a design in other countries then they have to seek protection in each country separately under the relevant law. Pakistan has not yet acceded to the Hague System for the International Registration of Industrial Designs, which gives the owner of an industrial design the possibility of having his or her design protected in several countries by simply filing one application in one language with the International Bureau of the World Intellectual Property Organization (WIPO).
Remedies For Infringement
It is the sole responsibility of the proprietor to see that his design is not being infringed upon by others. It is the proprietor's duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are:
- Injunctions whether interim or final.
- Damages.
It is an infringement of a right holder’s industrial design if any person makes, sells, or works articles bearing or embodying a design which is a copy of the registered design without the consent of the rights holder, for commercial purposes.
In the case of Select Sports A.S. Company v. Tempo Enterprises {PLD 1998 Lahore 69}, the Lahore High Court while granting a temporary injunction in favor of Select Sports stated that because the design of Select Sports is registered, it would be unlawful for any other person to apply the design or cause it to be applied to any product.
A rights holder can initiate a civil suit against an infringer seeking an injunction and recovery of damages. The rights holder also has the right to initiate a criminal action against the infringer. A guilty verdict is punishable with up to two years in prison, fine of PKR 20,000 or both.
Administrative Provisions
Besides the civil and the criminal remedies mentioned above, there are also provisions under the Customs Act, 1959 which prohibit the import or export of infringing goods. Goods seized for the violation of these provisions may be liable for detention, seizure, or confiscation by the Customs authorities and subject to penalties as described under the Customs Act, 1969.
International design protection
There is no system as yet wherein a single design application is sufficient to protect the design right internationally. However, Paris convention * provides certain privileges to member countries in design registration. A party who files design application in a member state of the Convention, such as Pakistan, can within six months of that filing date file applications in other member countries claiming the priority of the first application. If such a design is accepted for registration it will be deemed to have registered from the same date on which the application is made in the home country.