Read e-book Design Currency: Understand, define, and promote the value of your design work

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Click here to view the image. Industrial designs are applied to a wide variety of products such as packages, furniture such as chairs, architectural products such as structures and buildings, vehicles such as aircrafts and cars, arms such as riffles, electronic products such as mobile phones, food products such as chocolate bars, jewelry items and many other products.

It is important to protect a product design using the appropriate legal vehicles in a strategic manner. The objective behind protection is to prohibit third parties from misappropriating the design or using similar confusing designs for their own benefits.

Also, intellectual property protection of product designs adds to the assets of the business and therefore increases its commercial value. Without adequate legal protection, the product design owner would not be able to pursue these copycats.

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As noted above, without protection, a product design owner does not enjoy exclusive rights. This means that any competitor may imitate the design copy or substantially copy of a product and take it to the market. Though industrial design is the main vehicle for the protection of a product design, other intellectual property vehicles including patents, trademarks and copyrights should also be considered to protect other dimensions of the product as part of the overall protection strategy.

The following will explain briefly how the other intellectual property vehicles can be used as part of the product design protection strategy. Briefly, patents are for new inventions or processes that offer innovative and useful functions. For example, let us take the example of a water bottle with newly designed strips. If the strips of the bottle are adapted to provide a better hand grip, then these strip designs are functional in nature.

If the strips have no functional benefits and are designed solely to provide an aesthetic look of the bottle, then the strip designs are ornamental in nature.

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If protection is to be sought under both patents and industrial designs, it is in principle recommended for the applications to be prepared and filed simultaneously. It should be noted that the legal requirements for industrial design protection are generally less stringent than those for patent protection. However the scope of industrial design protection is generally narrower as it is limited to the exact shape of the design.

The period of protection for industrial designs is generally years in comparison to 20 years for patents.

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Patent protection is afforded by filing a patent application before the relevant patent office. A trademark is designed to identify the origin and source of goods. The trademark laws are designed to protect the name, design or other indicia of origin used by a seller to distinguish goods and services. Trademark protection can be afforded when the design of the product is non-functional and is also used as a source indicator. In fact, the shape of a product can be an aspect that distinguishes it from someone else's product.

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In this case, the three dimensional shape of the product would be considered as a non-traditional trademark and it would be recommended to register the product design as a trademark in addition to any industrial design registration. The advantage of registering a trademark is that trademark protection can be afforded even if the design is not novel for example when the product is already on the market and provides its owner with ongoing protection as long as the trademark retains its distinguishing feature s as a source indicator, whereas the industrial design protection is more limited in time and can be afforded only if the design is novel.

On the other hand, industrial design would allow protection of the design product to be secure even if the shape product loses its distinguishing feature as a source indicator. Trademarks protect the distinctive non-functional features that relate to and indicate the source of origin of a product. These would also fall under non-traditional trademarks. The UAE has started to recognize at least some of these non-traditional trademarks and we have had the opportunity to register non-traditional trademarks before the UAE Trademarks Registration Office.

Copyrights protect the artistic creations of authors and artists that are original. In some occasions, a design can be protected under copyright. This has to qualify as a work of art under the applicable copyright law. Copyright is a form of protection under the UAE Copyright Law provided to authors and covers any creative work in the field of literature, or the arts, or the sciences, of whatever kind or manner of expression, or whatever its importance or its purpose. A work need be original, that is not a copy.

It includes sculptural works, works of applied art and plastic art, works of drawings by means of lines or colors, and various types of works in the field of fine arts. It also covers three-dimensional works relating to geography, topography and architectural designs. Mostly an industrial design at the embryonic stages of creation and design commences as a work of art before being integrated in useful articles and as such may be originally protected by copyright.

For example, some countries apply the doctrine of seperability and consider that copyright protection can only be afforded when the artistic elements of the design must in some way be separable from the utilitarian functions it serves. All in all, there are various elements to consider for copyright protection of product designs and it is best to seek advice on a case by case basis. The possibility of protecting a product design through other forms of intellectual property vehicles in addition to an industrial design should be considered on a case by case basis.

It is important to note that use of one legal vehicle can disqualify use of another legal vehicle for the protection of a design.

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The overall protection strategy must be crafted carefully with the different protection vehicles coordinated accurately prior to applying for any protection. Industrial design and patent protection should normally be considered first before filing for any trademark or copyright protection to avoid any public disclosure of the design which can destroy its novelty and disqualify the product for industrial design and patent protection.

Again this is assessed on a case by case basis and subject to the totality of circumstances. The concept behind the IDO entailed a 3. You can get Free shipping on fulfilled by Souq items if the total fulfilled by Souq items in your cart equals or exceed EGP. No, you will enjoy unlimited free shipping when you have the total amount for the added fulfilled by Souq items to your cart is above or equal EGP.

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