Common types of Intellectual Property - the Industrial Design
While all designs are artistic works, there are two main categories of Design that are considered - artistic and industrial. While all designs must have an artistic component, industrial designs are those which have been applied in industrial processes - typically to a functional article.
For Industrial designs, several options for protection may exist - depending on the country. In New Zealand, for instance, we have both copyright and Design Registration (the latter being a stronger, more easily enforced form of protection). In contrast, Australia only provides Design Registration for industrial designs. The United States provides copyright and Design Patents for industrial designs.
Examples of Industrial Designs
There is a requirement that the design is or intended for industrial application, rather than intended as a one off (or small scale) predominantly artistic works. For instance, a new design for cutlery intended to be applied to mass produced cutlery would be regarded an industrial design. But what if it was applied to handmade articles of which only a few sets were made? In such cases the circumstances of the case would need to be considered. If only one set was made, then it could be regarded as not having been applied industrially - i.e. it is an artistic work. There is no sharp line between industrial and artistic design - it is more of a fuzzy transistion area which varies according to the circumstances, and the country that we are considering the matter in.
Purely Functional Designs may not be Protectable
The design cannot be purely functional - i.e. its design cannot be dictated only by function. The article to which the design is applied may be functional, but there must be some aesthetic non-functional aspects to the design which has been chosen.
For instance, a new drill bit for drilling holes into steel might have a spiral design at a particular pitch (angle) which allows it to cut more efficiently into certain steel alloys. Here the shape and design of the drill bit might be different from other drill bits on the market, but it would not likely be protectable in most countries because its shape and design is determined purely by function - how efficiently it drills into steel alloys. In this case we have an invention, rather than an industrial design, and forms of protection for inventions would be considered in the first instance.
On the other hand, taking our cutlery example, a new shape and design for the handle is unlikely to affect how the cutlery operates. Even if the design extends to the shape of the head of the spoon, fork, or knife, most designs will not significantly alter how the cutlery works. Very much it is visual appeal and aesthetics which have motivated the new design in this case.
Special Types of Design
In some countries, special types of protection are available for certain designs. For instance, many countries allow electronic circuit board designs to be protected.
When an artistic design is applied to goods as a brand, then it becomes a trade mark (see later). This may be words or a pictorial device (e.g. logo) printed or formed into the product or packaging. However sometimes the actual shape of the article becomes a trade mark for the product - for instance the well known shape of the classic Coca Cola bottle.
While all designs are artistic works, there are two main categories of Design that are considered - artistic and industrial. While all designs must have an artistic component, industrial designs are those which have been applied in industrial processes - typically to a functional article.
For Industrial designs, several options for protection may exist - depending on the country. In New Zealand, for instance, we have both copyright and Design Registration (the latter being a stronger, more easily enforced form of protection). In contrast, Australia only provides Design Registration for industrial designs. The United States provides copyright and Design Patents for industrial designs.
Examples of Industrial Designs
There is a requirement that the design is or intended for industrial application, rather than intended as a one off (or small scale) predominantly artistic works. For instance, a new design for cutlery intended to be applied to mass produced cutlery would be regarded an industrial design. But what if it was applied to handmade articles of which only a few sets were made? In such cases the circumstances of the case would need to be considered. If only one set was made, then it could be regarded as not having been applied industrially - i.e. it is an artistic work. There is no sharp line between industrial and artistic design - it is more of a fuzzy transistion area which varies according to the circumstances, and the country that we are considering the matter in.
Purely Functional Designs may not be Protectable
The design cannot be purely functional - i.e. its design cannot be dictated only by function. The article to which the design is applied may be functional, but there must be some aesthetic non-functional aspects to the design which has been chosen.
For instance, a new drill bit for drilling holes into steel might have a spiral design at a particular pitch (angle) which allows it to cut more efficiently into certain steel alloys. Here the shape and design of the drill bit might be different from other drill bits on the market, but it would not likely be protectable in most countries because its shape and design is determined purely by function - how efficiently it drills into steel alloys. In this case we have an invention, rather than an industrial design, and forms of protection for inventions would be considered in the first instance.
On the other hand, taking our cutlery example, a new shape and design for the handle is unlikely to affect how the cutlery operates. Even if the design extends to the shape of the head of the spoon, fork, or knife, most designs will not significantly alter how the cutlery works. Very much it is visual appeal and aesthetics which have motivated the new design in this case.
Special Types of Design
In some countries, special types of protection are available for certain designs. For instance, many countries allow electronic circuit board designs to be protected.
When an artistic design is applied to goods as a brand, then it becomes a trade mark (see later). This may be words or a pictorial device (e.g. logo) printed or formed into the product or packaging. However sometimes the actual shape of the article becomes a trade mark for the product - for instance the well known shape of the classic Coca Cola bottle.
Industrial designs must be partially dictated by aesthetic appeal, and applied industrially.
The criteria for industrial application varies according to the country, legal case law, the nature of the article, and other specifics of the case.
If the design is dictated purely by function you probably have an invention, and consider it primarily as such.
If the design is not applied industrially, then it is likely that you have a purely artistic work.
The criteria for industrial application varies according to the country, legal case law, the nature of the article, and other specifics of the case.
If the design is dictated purely by function you probably have an invention, and consider it primarily as such.
If the design is not applied industrially, then it is likely that you have a purely artistic work.