unit 3

• What is the primary influence on consumers when choosing between competing goods?

  Aesthetic appeal
• How does design differentiate products in the same category?


  By imparting visual appeal
• What does the term "industrial design" refer to in this chapter?

  The ornamental or aesthetic aspect of a mass-produced article
• What are the two types of features that can constitute an industrial design?

  Three-dimensional features and two-dimensional features
• What does industrial design not include?

  Any mode or principle of construction
• What happens if a design cannot be applied to an article?

  It falls under artistic works and may be subject to copyright
• What is the objective of design registration?

  To reward the creator with exclusive use of their design
• What law governs design protection in India?

  The Designs Act, 2000
• How is industrial design perceived in everyday language?

  As a product's overall form and function
• What factors do businesses consider when designing a product?

  Marketability, manufacturing costs, and ease of transport
• What does industrial design refer to from an intellectual property law perspective?

  The ornamental or aesthetic aspects of a product
• What types of products can industrial design be relevant to?

  A wide variety including fashion, household products, and medical instruments
• What are the main components of an industrial design?

  • Three-dimensional features (shape)
  • Two-dimensional features (patterns, lines, colors)
  • Combination of one or more features
• What are the reasons enterprises create new and original designs?

  1. Customize products for specific market segments

  2. Create a new niche market

  3. Strengthen brands through distinctive trademarks
• Why is protecting industrial designs important for businesses?

  It adds value and makes products attractive to customers
• What does registering an industrial design allow the owner to do?

  Prevent unauthorized copying or imitation
• What are the benefits of registering an industrial design?

  • Strengthens competitive position
  • Ensures fair return on investment
  • Increases commercial value of the company
  • Allows licensing for additional revenue
  • Encourages fair competition
• What are the general steps for obtaining design protection?

  1. Research and Preliminary Assessment

  2. Identify the Jurisdiction

  3. Prepare Application Documents

  4. File the Application

  5. Examination

  6. Publication

  7. Opposition Period (if applicable)

  8. Registration

  9. Maintenance and Renewal

  10. Enforcement
• What is the first step in obtaining design protection?

  Research and Preliminary Assessment
• What is the purpose of the examination step in the design protection process?

  To ensure the application meets legal requirements
• What happens during the publication step of the design protection process?

  The application is published in a public database
• What can happen during the opposition period after publication?

  Third parties can oppose the design application
• What is the final step in the design protection process?

  Registration
• What must be done to maintain design protection?

  Renew the design protection periodically
• What are the reasons for revocation of industrial designs?

  • Lack of Novelty or Originality
  • Lack of Individual Character
  • Non-Compliance with formal requirements
  • Invalidity Claims by third parties
• What constitutes infringement of industrial designs?


  Using, manufacturing, or selling products incorporating the protected design without authorization
• What are the remedies available for infringement of industrial designs?

  • Cease and Desist Letters
  • Negotiation
  • Injunctions
  • Damages or Compensation
  • Destruction or Seizure of Infringing Goods
  • Legal Proceedings
• What is a notable case study of industrial design?

  1. iPhone Design by Apple

  2. Alessi Juicy Salif Citrus Juicer

  3. Vespa Scooter

  4. Swatch Watch

  5. Oxo Good Grips Kitchen Tools
• What is copyright?


  The right given by law to creators of works to control their use
• What does copyright protect?

  The expression of ideas, not the ideas themselves
• What are the two main sets of rights under copyright?

  Economic rights and moral rights
• What do economic rights include?

  Rights of reproduction, broadcasting, public performance, and distribution
• What do moral rights protect?


  The author's right to object to modifications that harm their honor or reputation
• Who owns the copyright of a created work?

  The creator or author of the work
• What is the basic premise behind copyright protection?

  Innovations require incentives
• How does copyright benefit creators financially?

  By allowing commercial exploitation of their works
• What is the nature of copyright protection?

  It is automatic upon creation of the work
• What is the scope of copyright protection?

  It extends to original works created by the author
• What rights do creators have under copyright?


  They can control the use and reproduction of their works
• What is the difference between economic rights and moral rights?

  Economic rights relate to financial benefits, while moral rights protect personal interests