1. What is an industrial design?
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three dimensional features, such as the shape or surface of an article, or of two dimensional features, such as patterns, lines or color.
An industrial design relates to aesthetic or visual aspect of the invention and does not relate to the technical features of an article.
2. What are the advantages of Registered Designs?
- The owner is able to prevent unauthorized copying or imitation of his or her design by third parties.
- Industrial designs add to the commercial value of a product & facilitate its marketing & commercialization
- It ensures that a fair return on investment is obtained
- Protection of industrial designs encourages fair competition & honest trade practices
- It leads to the production of more aesthetically attractive & diversified products
- It broadens consumer choice
- Industrial design protection acts as a spur to a country’s economic development by contributing to the expansion of commercial activities & by enhancing the export potential of national product.
3. What are the Disadvantages of Unregistered Designs?
- The owner is unable to prevent unauthorized copying or limitation of his or her design by third parties.
- Non protection of industrial designs can cause unfair competition & dishonest trade practices.
4. Who may apply for Registration?
- Any person claiming to be the proprietor of any new or original design which has not previously been published any where in the world may make an application for the registration of such design in Pakistan.
- The applicant need not be the author of the design.
- The “proprietor or creator of a design” as a “person” includes a Company Body Corporate, Firm, partnership, etc.
5. What I cannot get registered as Design?
The following do not constitute registerable designs within meaning of the Law
A design, which is not new or original.
A design which is the same as a design already registered or published any where in the world before the date of the application
A design which differs from prior design only in immaterial details or in features which are variants commonly used in the trade.
6. What are the requirements for the registration of a design in Pakistan?
An application for the registration of a design must be made on prescribed Form, and must be accompanied by the prescribed number of representations of the design or the specimen of the article bearing the design and by the prescribed fee and affidavit in accordance with law. If it is desired to register the same design in more than one class, a separate application must be made in each class.
7. What is Claiming Priority?
- In Pakistan the Design Ordinance 2000 provides priority arrangements for all member countries of World Trade Organisation (WTO) if application in Pakistan is filed within 6 months of the priority country filing.
- Under Section 11 of the Ordinance, any person who has made application to register a design in any of the member country of WTO (or his legal representative or assignee), either alone or jointly with any other person, is entitled to make an application for the registration of the same design in Pakistan, claiming priority of date for his registration.
- An application under section 11 of the Designs Ordinance 2000 should be made on Form16 within six months from the date of the first application in a foreign country, and should be accompanied by four identical representations.
8. What is abandoned Registration?
An application, which, owing to any default or neglect on the part of the applicant, is not completed so as to enable registration to be affected within six months of the date of application, is deemed to be abandoned.
9. Is it possible to file more than one design/model in the same application? If yes, are there any advantages in doing so?
Not possible.
10. What is the term of protection of a model or design in Pakistan?
Ten years, and renewed one time for 10 years (20 years in total).
11. What are the drawings requirements?
Drawings or photographs, each view of size 8 X 8 each placed on an A4 (15 copies).
12. Should design be novel?
Absolute worldwide novelty is required.
13. Does Pakistan follows international classification?
Yes.
14. Is the assignment of the design possible?
Yes.
