Various treaties and conventions related to Industrial Designs

Indian Industrial Designs evolution based on different Significant Treaties and Convention

India has been a signatory to the treaties and conventions associated with industrial design law. The treaties signed and its goals and policies followed by all member nations. Some of the treaties associated with the industrial design to which India has been a signatory are:

TRIPS:

This agreement talks about industrial designs in few respects and some of its salient features are:-

  • It highlighted the fact that the designs are not new or original if they do not significantly differ from known designs or combinations of known design features.
  • It requires the members to grant the proprietor of a protected industrial design the right to prevent different parties (those not having the owner’s assent) from making, selling or importing articles having a design which is a copy of the protected design.
  • The protection provided under the TRIPS agreement is for a term of at least 10 years.
  • Although, India has not been part of the Hague Agreement and Locarno Agreement Indian Design Act does follow Locarno Agreement. The Locarno Agreement is described below:

Locarno Agreement:

It was finalized in 1968 and amended in 1979 and still under approval process. Some of its salient features are:-

It classifies Industrial design into thirty-two classes. The classification is based on goods or products in an alphabetical order in which industrial designs are incorporated.

Product types covered in the Locarno Agreement include foodstuffs, which are further broken down into items like milk products, baked goods, and others; brush ware, which is further broken down into items such as paint and toothbrushes and brushing machines; and building and construction elements etc.

The above-mentioned treaties describe the industrial design conventions for all its signatory countries including India.  However, the pattern followed for registering an industrial design in India is a step by step process.

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