November 28, 2021

Piracy of Registered Design

Introduction

Industrialization and innovation have been revolving upon the theory of value for money. The consumer always tries to gain value of the product from its utility whereas the producer aims at harvesting profits from the investment to develop the product. Given the plethora of options available, preference would always be given for the product with original innovation, novelty and distinctiveness. To reflect globalization, registration of a novel designs is now a common practice amongst every enterprise as they try to keep their product ahead & superior to others. Racing to protect one’s own design, these enterprises face a crucial threat of design infringement for their registered design.

The intellectual assets developed by these enterprises are vulnerable and stand prey to infringement. Though there are many strict provisions in IP laws dealing with infringement issues but they are not capable enough for protecting the intellectual assets. Industrial Design, has been serving as a secondary source for protection of products made by an enterprise on the basics of their appealing nature and novelty. These are granted for a period of 10 years from the date of filing and are further renewed for a period of five years accordingly. The main intension behind the registration of the design is to gain monetary value and protection. The monetary gain and protection are both hampered once the design is infringed by another party. To keep a check, the Indian government recently announced its National IPR policy, which compliant with the World Trade Organization’s agreement on Trade Related aspects of IPRs (TRIPS) and moreover the policy also has been keen upon increasing awareness for generation and effective enforcement of IPR, besides encouragement of IP commercialization through various incentives. The IPR policy mainly highlights the issue of infringement in Patents, design and Trademark and the steps being taken by the authority to stop the practice of infringement or piracy in Indian jurisdiction respectively.

Aishwarya Says:

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