Written by Amit Kumar, a final-year student of Campus Law Centre, Faculty of Law, Delhi University, Delhi
INTRODUCTION
The trend indicates a consistent growth in the number of internet users, coupled with a significant increase in the amount of time people spend on electronic devices for various purposes such as entertainment, education, business, etc. This rise has reached a point where these digital interactions have become an integral part of daily life. Nevertheless, a significant challenge emerges in this scenario. Certain nations may not rigorously uphold copyright laws, and there is also a lack of awareness among individuals regarding the necessity of obtaining permission before utilizing someone’s intellectual property (IP). This underscores the critical need to safeguard your creative work, particularly in the context of a global digital environment where information accessibility is widespread, and the understanding of legal nuances differs across various regions. It becomes imperative to navigate these challenges to secure and preserve the integrity of your intellectual creations
In the rapidly evolving realm of computers and the internet, the significance of design cannot be overstated. It plays a crucial role in enhancing user experience, conveying the essence of a brand, and contributing to the success of a business. With the increasing reliance on digital applications and software, the protection of designs becomes paramount. Ensuring that designs remain distinctive and exceptional in the dynamic online landscape is essential. For businesses striving to excel in the digital domain, safeguarding their designs is not merely a compliance measure but a strategic imperative to remain relevant and competitive in an era defined by technological advancements.
The domain of industrial design, conventionally associated with the crafting of physical products, has experienced a noteworthy transformation. Its scope has expanded beyond the tangible elements of product design to incorporate the crafting of digital interfaces, user experiences, and software applications. This shift underscores the growing emphasis on designs that prioritize user-centricity and aesthetic appeal in both the physical and digital dimensions. Industrial designers now play a pivotal role in shaping the way users engage with technology, ensuring that the visual and functional aspects of digital products are meticulously designed to enhance the overall user experience positively.
DESIGN VIS-VIS INTELLECTUAL PROPERTY
In India, the protection of designs under Intellectual Property Rights (IPR) is governed by the Design Act of 2000. This legislation defines design as the visual ornamental characteristics of an article and aims to encourage creativity by granting creators exclusive rights over their designs. The registration process involves filing applications with the Design Office, where designs are examined for novelty and originality. Successful registration provides a ten-year protection period, extendable by five years. The enforcement mechanisms include legal actions for damages and injunctions in case of infringement. Design protection is integral to business strategies, enhancing brand recognition, and ensuring a competitive edge in the market. India’s design protection framework aligns with international standards, offering global avenues for protection through agreements like the Hague Agreement. Overall, design as IPR plays a pivotal role in fostering innovation, protecting visual aesthetics, and contributing to economic development in India
DIGITAL DESIGN: Meaning
Digital Design can be referred as what is created & developed for viewing on a digital interface or electronic screen. it can be addressed as any design that is interactive through a digital device used to present information or product or services rather than through print i.e. graphic design to be used on a computer. It encompasses a broad range of creative processes and outputs across various mediums, including graphics, user interfaces, websites, multimedia, and virtual environments.
A graphical user interface (GUI) serves as a visual platform enabling user interaction with computers and electronic devices through elements like icons, buttons, and menus. Offering a user-friendly alternative to text-based interfaces, GUIs incorporate visual representations of data, enhancing user understanding and interaction. Widely employed in operating systems, software applications, and websites, GUIs improve the overall user experience and streamline interactions. The design of GUIs integrates digital design principles, including graphic and user experience design, which entails considerations such as color schemes, typography, and layout. Digital designers utilize tools like prototyping and wireframing for visualizing GUIs prior to development, with a focus on responsive design for adaptability to diverse screen sizes.
COMPONENTS OF DIGITAL DESIGN
Digital design needs a code to be functional and traditional graphic designs require paper and ink. This process of coding is called development. Hence designer creates an offline mockup and the developers create a mockup into a working digital design.
Following are key aspects and components of digital design:
- Electronic Format:
- Digital design is characterized by its electronic format. Unlike traditional design, which may involve physical mediums like paper or canvas, digital design exists in a digital or computerized form. It can be created, edited, and displayed using electronic devices and software.
- Creation with Digital Tools:
- Digital designs are crafted using a variety of digital tools and software applications. Graphic design software, 3D modeling programs, animation tools, and other specialized applications enable designers to create visual content in a digital environment.
- Visual and Interactive Elements:
- Digital design incorporates both visual and interactive elements. Visual elements include graphics, images, typography, and layout, while interactive elements involve user engagement, such as buttons, animations, and responsive interfaces.
- Multimedia Integration:
- Digital design often involves the integration of multimedia elements. This can include the combination of text, images, audio, video, and interactive features to create a dynamic and engaging user experience.
- User Interface (UI) and User Experience (UX) Design:
- In the realm of digital design, a significant focus is on user interface (UI) and user experience (UX) design. UI design deals with the aesthetics and layout of digital interfaces, while UX design focuses on creating a positive and meaningful user experience through thoughtful design and usability.
- Web Design and Development:
- Digital design plays a crucial role in web design and development. Web designers use digital tools to create visually appealing and functional websites, ensuring a seamless user experience across different devices.
- 3D Modeling and Animation:
- Digital design extends into three-dimensional spaces, with the creation of 3D models and animations. This is prevalent in industries such as gaming, virtual reality, and film production.
- Digital Art and Illustration:
- Artists use digital tools for creating digital art and illustrations. Digital painting, drawing tablets, and vector graphics software contribute to the creation of visually stunning and versatile artworks.
- Prototyping and Design Iterations:
- Digital design facilitates the process of prototyping and iterative design. Designers can quickly create, test, and modify digital prototypes to refine and improve their designs before final implementation.
- Responsive Design:
- With the prevalence of various digital devices, digital design often includes considerations for responsive design. This ensures that the design adapts and functions optimally across different screen sizes and platforms.
Digital design is a dynamic and evolving field that continuously integrates advancements in technology to push the boundaries of creativity and innovation in visual communication and user interaction.
The shift from three-dimensional physical design to two-dimensional digital design, often referred to as “virtual migration,” presents challenges for policymakers tasked with adjusting the legal intellectual property (IP) framework to accommodate the needs of digital designs. Simultaneously, firms face challenges in protecting this progressively vital form of intellectual property.
JUDICIAL PRECEDENT
The recent judgment by the Hon’ble High Court of Calcutta, in the case of UST Global (Singapore) Pte Ltd. vs. The Controller of Patents and Designs and Ors. MANU/WB/0584/2023 attempts to address certain issues related to the registration of Graphical User Interfaces (GUIs). This legal decision is significant in providing clarity and guidance on matters concerning the design registration of GUIs.
The judgment delves into aspects such as the eligibility criteria, examination procedures, and legal considerations specific to GUI design registration. It may shed light on how the existing legal framework, including the Designs Act and associated regulations, applies to GUIs. Such legal developments are crucial for establishing a more comprehensive and nuanced understanding of the protection afforded to GUI designs within the intellectual property landscape.
he Assistant Controller of Patents and Designs, under the Designs Act, 2000, rejected a design application (No. 298921) on September 4, 2019. This application sought registration for a design titled “Touch Screen,” specifically for a novel surface ornamentation constituting a Graphical User Interface (GUI).
The basis for the refusal rested on several key arguments. Firstly, it was asserted that a GUI is inherently incapable of being registered as a design. The refusal was reinforced by the claim that a GUI is only visible when the product is in the ‘ON’ or operating mode. Consequently, it was argued that during the ‘OFF’ mode, the GUI does not exist as a design, thereby rendering it ineligible for design registration. This argument touches on the temporal visibility of the GUI as a key factor in its registrability.
Furthermore, the refusal highlighted the observation that the ICON/GUI does not conform to the typical process of industrial manufacturing. Instead, it was emphasized that the creation of ICONs and GUIs primarily involves software development processing. This distinction implies a departure from the conventional understanding of industrial processes in the context of design registration.
Key findings and observations from the Hon’ble High Court include:
- Amendments to Design Rules, 2008:
- The court notes that amendments to The Design Rules 2001 include rules for classifying designs and articles. The 2008 changes introduced a detailed classification system for goods and articles eligible for design registration. Specifically, Class 14.02 and 14.04 of the Locarno Classification identify items under “Screen Displays and Icons,” recognized in the 2019 Design Rules Amendment. The 2021 amendments added a new category, Class 32, covering graphic symbols, designs, logos, ornamentation, and surface patterns. Therefore, the claim that GUI/ICON cannot be registered is incorrect, ignoring these amendments.
- Visibility in ON Mode:
- The court rejects the argument that a GUI is visible only in the ‘ON’ mode and, therefore, cannot be registered. It asserts that in-built GUIs, including ICONS, are displayed in shops and advertisements even when the device is not actively in use. The court underscores that designs may be registered if they enhance the aesthetic value of the product, regardless of the device’s operational state.
- Nature of 2D Design:
- The court acknowledges that the submitted design is a 2D design, possessing length and width but not depth. It emphasizes that the novelty of the design can be judged by the eye as soon as the device is turned on, challenging the notion that depth is a prerequisite for design registration. Importantly, the court emphasizes that there is no requirement to physically touch the device to appreciate the design. This underscores the visual nature of GUIs and their capacity to convey aesthetic and design elements without necessitating tactile interaction.
- Industrial Process Application:
- The court discusses the process of applying the GUI to the article, emphasizing that the mechanical and manual process of application falls within the definition of “industrial process” mentioned in the Designs Act 2000. It highlights that the design is applied through a software development process, embedding source code in micro-controllers, micro-processors and electronic means and the use of pixels for display, the court aims to establish that the design’s application is not merely a manual or craft-based process but involves technology and machinery. This framing strengthens the argument for the GUI’s eligibility for design registration under the criteria of the Designs Act 2000.
As a result, the Hon’ble High Court has set aside the Controller’s order, remanding the matter back for reconsideration within three months. Importantly, the Controller is not bound by any findings or observations made in the court’s order when re-evaluating the case. This decision introduces important considerations regarding the registrability of GUIs and how the evolving legal framework, including recent amendments, influences the protection of digital designs. The Controller’s subsequent review of the matter will be closely watched for its potential impact on future cases involving GUI design registration.
IMPACT OF DIGITAL DESIGNS ON THE DESIGNS ACT
The impact of digital designs on the Designs Act, or any relevant legislation pertaining to intellectual property, is profound and has led to a paradigm shift in how design rights are perceived, protected, and enforced. Here are several ways in which digital designs have influenced the Designs Act:
- Expanding Definition of Designs:
- Traditional vs. Digital: The Designs Act, which traditionally dealt with the protection of designs applied to articles, has had to adapt to the digital era. Digital designs, including those created for user interfaces, web designs, or virtual objects, have challenged traditional definitions of “article” and “design.”
- Adaptation of Legislation: Many jurisdictions have amended their design legislation to explicitly include digital designs within the scope of protection. This adaptation acknowledges the changing nature of design in the digital landscape.
- Challenges in Registration:
- Dynamic and Interactive Designs: Digital designs often involve dynamic and interactive elements, presenting challenges in the registration process. The static representations required for registration may not fully capture the essence of digital designs.
- Multi-Dimensional Designs: Traditional design registration systems were built for static, physical objects. Adapting these systems to accommodate multi-dimensional digital designs raises questions about how to adequately represent and protect them.
- Enforcement Issues:
- Ease of Replication: Digital designs are susceptible to rapid replication, posing challenges in enforcement. The ease with which digital designs can be copied or modified raises questions about how effectively design rights can be enforced in the digital realm.
- Jurisdictional Challenges: With digital designs easily accessible across borders, enforcing design rights becomes complex. Determining jurisdiction and applicable laws for digital designs that transcend geographical boundaries is a considerable challenge.
- Duration of Protection:
- Rapid Obsolescence: Digital designs often become obsolete more quickly than traditional designs. The Designs Act may need to consider whether the duration of protection is adequate for digital designs given their potentially shorter lifespan and the fast-paced evolution of digital technologies.
- Emergence of New Business Models:
- Digital Licensing and Marketplaces: Digital designs have given rise to new business models, including licensing and marketplaces for digital assets. The Designs Act may need to adapt to accommodate these novel ways of commercializing design creations.
- Intersection with Other Intellectual Property Rights:
- Overlap with Copyright: Digital designs often exhibit elements of both design and copyright. The interaction between design rights under the Designs Act and copyright protection may need clarification, especially in cases where designs have artistic or creative elements.
CONCLUSION
In summary, the impact of digital designs on the Designs Act is multifaceted, necessitating ongoing adaptation to address the unique challenges and opportunities presented by the digital era. Legal frameworks must evolve to provide effective protection for digital designs while balancing the need for innovation and creativity in this dynamic and rapidly changing landscape.
REFERENCE
- UST Global (Singapore) Pte Ltd. vs. The Controller of Patents and Designs and Ors. MANU/WB/0584/2023
- Intellectual Property Rights in India, V K Ahuja, ISBN : 9789351433880, 2nd Edition
- Law Relating to Intellectual Property, Dr B L Wadehra, ISBN : 9789350350300, 5th Edition
- Intellectual Property Rights in Digital Environment by Sougata Chattopadhyay. The link for the same is herein
- What Is Digital Design and Why Is it Important by Dalia Goldberg. The link for the same is herein
https://www.springboard.com/blog/design/digital-design/
- What is digital design? An in-depth look at a complex field by Johnny Levanier. The link for the same is herein
https://99designs.com/blog/web-digital/digital-design/
- Digital Design Protection in Europe: Law, Trends, and Emerging Issues by Rainer Filitz, Joachim Henkel, and Jörg Ohnemus. The link for the same is herein http://ftp.zew.de/pub/zew-docs/dp/dp17007.pdf
- The Designs Act, 2000
- The Designs Rule, 2001
- The Designs Rule, amendment 2008
- The Designs Rule, amendment 2021