What is Industrial Design?

It is the ornamental or aesthetic aspect of an article. It does not have any functional character. A design can be three dimensional such as shape of an article (design for a toy, bottle, jewelry or chair etc.) or two dimensional such as pattern or lines. (Design for a greeting card etc).

Protected Designs

A design is protected if it is new and if it does not consist of scandalous design or a design contrary to morality, public order or public interest. A design is new if it has not been made available to the public anywhere in the world before the date of application for registration.

How They are Protected?

They are protected upon registration with the Intellectual Property Office. A registered design is protected for five years and renewable for two more terms of five years. An application can be filed with the relevant the IP Office using form D1 with the relevant fee (See regulations)

Rights

The owner of the design can exercise exclusive rights such as making, using, importing and exporting articles comprising of such protected design.

Why they are Protected?

An Industrial Design makes articles attractive and appealing and therefore increases the commercial value and the marketability. The protection assures a fair return to the creator and promotes investment. They contribute to the economic development by encouraging creativity in industry, arts and crafts white expanding commerce and creating more job opportunities.

Registration Abroad

Designs registered in Sri Lanka are valid only in Sri Lanka. If the owner expands the business to other countries it is advisable to register the said design in those countries. Applications in each country where the protection is sought under the respective national laws. However, Priority can be claimed under the Paris Convention for the protection of Industrial Property in its member countries. (within 6 months from the date of application in IP Office, Sri Lanka)