What is covered by Industrial Design?
It may consist of three-dimensional features such as the shape of an article or two dimensional features such as patterns, lines or color of an article. To be protected, industrial designs must be new or original.
An industrial design right only protects the appearance of an article, not its technical or functional features.
How to protect Industrial designs?
Industrial design protection is territorial. In most countries, an industrial design must be registered in order to be protected under industrial design law as “registered design”. In some countries including Sri Lanka, industrial designs are protected under patent law as “design patents”. To register an industrial design, an applicant must file a national or regional application at the relevant national or regional IP office.
Protection Abroad
If protection is desired in several countries, separate national applications must be made according to the applicable national law and procedures (which are usually different in each country). To avoid having to submit applications in each and every country where protection is sought, The Hague Agreement Concerning the International Registration of Industrial Designs, which is WIPO, helps to facilitate this process: it enables creators to seek protection for their designs in a large number of territories, through one single international application filed with the International Bureau of WIPO.
Duration of protection
Industrial design rights are granted for a limited period. It amounts to at least 10 years according to the TRIPS Agreement. In many countries the duration of protection is longer (From 15 to 25 years per national jurisdiction) and the total duration is divided into successive renewable periods.
If you need further assistance on Industrial Design protection, please get in touch with us at (+94) 45 228 0193 or ublc@sab.ac.lk