5Industrial DesignIndustrial 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.
6Why 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.
8How can industrial designs be protected? through registrationusually for 15 – 25 years
9Criteria for registration An “industrial design”design must be newhas authentic appealmust 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 constructionExample of 3D and 2D design
11A person infringes a registered design if he does the following without consent of the owner : applies the same or similar design to an articleimports into Malaysia for sale or trade any imitation of the design; orsells, or offers for sale, or hires any imitation of the design
12Remedies available Civil Action Injunction Anton Piller Order Damages for infringementAccounts of Profits
13Protection without registration? Dual protection under copyright lawAdvantage 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.
15Honda Giken Kogya Kabushiki Kaisha v Allied Pacific Motor  3 MLJ 30 Comel Manja JMP 125 MotorcycleHonda Wave 125 MotorcycleInterlocutory 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.
16Dyson Limited v Vax Limited  EWHC 1923 Dyson vacuum cleaner- Registered DesignVax vacuum cleaner- Mach ZenThe 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”
21Considerations in choosing an appealing design Aesthetic appealdesign should be eye-catching and attractiveCost of manufacturemore intricate and complex design may be more costly to produceDifferentiation from other products with the same functionBrandingBuilding brand identityConsistent with existing brand cultureRestrictions: Must not be designs contrary to public order or morality