Protection of Industrial Design in India: Issues and Challenges
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چکیده
In the era of globalization, it is increasingly evident that the competitiveness of any enterprise depends on its ability to innovate its product and service with an objective to distinguish itself from its competitors in the market. It is common for manufacturers to capture product market or create a niche for their product by differentiating, an otherwise similar product (substitutes in terms of functionality) on the basis of ‘eye appeal’. Even if these products are not perfect substitutes, the choice of consumers and in turn market demand; may, to a large extent, depend on the appearance. In this respect, Industrial Designs (ID) have become a significant element in a product’s value chain. This allows a high potential and incentive for profitability for business through investment in ID especially large producers. For such product segments, ‘design’ feature is an essential component and hence is protected to avoid imitation with an intention of passing off. ID stand at the junction of artistry and industry and are applicable to many different product markets and nature of protection may vary from cultural artistic market to a consumer-oriented general product market. The various arguments extended to seek protection for design is grounded on the role of designs in maintaining and promoting competition within a market economy. Govaere (2007) states, “Like patent and copyright, design rights have a reward and incentive function, but the objective is different. The objective of granting an exclusive right in an industrial design can be defined as providing the possibility of obtaining a return for investment made, and progress achieved, in the field of aesthetics in order to stimulate Briefing Paper
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