1. The Appeal of Designs in Getting Noticed by the Customer
LOOKING GOOD
The Appeal of Designs in Getting Noticed by the Customer
Chew Kherk Ying

2. Same function – yet different appearance?

3. Nokia – Industrial Designs evolution

4. COCA COLA – Industrial designs evolution

5. Industrial Design
Industrial design is concerned with the aspect of that process that brings that sort of artistic form and usability usually associated with craft design to that of mass produced goods.
An industrial design renders an object attractive or appealing, thus increasing its marketability and adding to its commercial value.

6. Why protect industrial designs?
Industrial designs makes an article attractive and appealing; hence they add commercial value and increase marketability.
When industrial design is protected, the owner is assured an exclusive right against unauthorized copying for a limited duration.
Capable of transmission and assignment.
Ensures a fair return on investment.
Encourage creativity and promote fair competition.

7. Profitable changes in product design

8. How can industrial designs be protected?
through registration
usually for 15 – 25 years

9. Criteria for registration
An “industrial design”
design must be new
has authentic appeal
must be applied to an article

10. “Design”
Means feature or shape, configuration, pattern or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged solely by the eye, but does not include a method or principle of construction
Example of 3D and 2D design

11. A person infringes a registered design if he does the following without consent of the owner :
applies the same or similar design to an article
imports into Malaysia for sale or trade any imitation of the design; or
sells, or offers for sale, or hires any imitation of the design

12. Remedies available Civil Action Injunction Anton Piller Order
Damages for infringement
Accounts of Profits

13. Protection without registration?
Dual protection under copyright law
Advantage of having a registered industrial design cf. relying on copyright law?
no requirement to prove copying by the infringer in order to win in court; this means that "independent creation" is not a defense in as it is in copyright law.
Claim successful as long as shoes that the registered design and the infringer’s design are substantially the same in overall appearance.
As a result of it having been examined, a registered design is presumed valid, and the burden lies on the alleged infringer to prove otherwise.
Careful procurement of the original design patent can result in a broad scope of protection, one which can protect not only the particular embodiment of the design, but perhaps the general design concept as well.
when the case for infringement is strong, owner of registered designs have a good chance of obtaining a preliminary injunction in court.

14. Illustrations

15. Honda Giken Kogya Kabushiki Kaisha v Allied Pacific Motor [2005] 3 MLJ 30
Comel Manja JMP 125 Motorcycle
Honda Wave 125 Motorcycle
Interlocutory application; Judge found that “there are many similarities between the plaintiffs designs and the manufactured Comel Manja JMP 125, let alone they are near replicas, it is thus sufficient […] to conclude that there is a serious question to be tried” - injunction granted.

16. Dyson Limited v Vax Limited [2010] EWHC 1923
Dyson vacuum cleaner- Registered Design
Vax vacuum cleaner- Mach Zen
The Court found that there was no infringement as the informed user would not consider the similarities particularly significant, but would consider the differences significant particularly:-
the rear view, hose connector position, bin handle, wand handle, cut-away feature and the bumper of the Registered Design and the asymmetry of the Mach Zen
“the overall impression produced by the Registered design is smooth curving and elegant, [while the] Mach Zen is rugged, angular and industrial, even somewhat brutal”

17. Dyson - Registered design
Vax - Mach Zen

18. Dyson - Registered design
Vax – Mach Zen

19. Dyson - Registered design
Vax – Mach Zen

20. Vax – Mach Zen
Dyson - Registered design

21. Considerations in choosing an appealing design
Aesthetic appeal
design should be eye-catching and attractive
Cost of manufacture
more intricate and complex design may be more costly to produce
Differentiation from other products with the same function
Branding
Building brand identity
Consistent with existing brand culture
Restrictions: Must not be designs contrary to public order or morality

22. THANK YOU