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Basics Of Industrial Design Rights And How You Can Protect Yours

Any external design of an item comprises of the aesthetic elements of shape, pattern and colour, all combined in a symmetrical and multidimensional form. Industrial designers use these elements to come up with original designs of industrial products.

Once the product designs are made, industrial design rights, which are a kind of intellectual property rights, give individuals or companies rights of ownership over those designs. Generally design oriented products like clothing, jewellery, etc are protected by these rights, however the protection can also be used for other aspects of an item like the unique design of a beverage bottle or the design of an electronic good.

To protect an industrial design, you have to file an application with the World Intellectual Property Organization (WIPO), if you belong to one of the participant nations of the WIPO treaty. However, if the rights holder does not contact WIPO and yet seeks to safeguard his industrial design rights in different nations, then he has to request for protection from each nation separately.

There are certain benefits of industrial design rights that must not be ignored. Having a registered industrial design protects the aesthetic aspects of the product, including its appearance and form. Any unauthorized usage of the registered design like counterfeiting can be prosecuted. This enables the rights holder to stop others from using his or her design and reap the maximum commercial benefits out of his design.

Industrial design rights also foster healthy competition and just business practices, which eventually help the consumers. They also motivate innovation by preventing unauthorized usage of the original product. Further, these rights acknowledge the earnest efforts of the design team within an organization.

Thus, like most other types of IPR, industrial design also encourages hard work and investments made by the designers and discourages attempts of unauthorised use, thereby ensuring smooth functioning of global business.

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