Industrial Designs

1. What is an Industrial Design?

(a) Features of Shape, Configuration, Pattern, Ornamentation, Combinations

The Industrial Designs Act does not specifically define "shape", "configuration", "pattern" or "ornamentation", but each of these terms is included in the description of a design in order to make the definition as broad as possible. Thus, industrial design protection can be applied to a wide variety of products. For example, the overall shape of a chair or a coffee mug would appear to fit within the definition of an industrial design. An original arrangement of shelves, cupboards and compartments in a book case or entertainment centre could be a configuration which appeals to the eye, and hence, a registrable industrial design. Designs are not limited to three dimensional designs. A pattern formed by the juxtapositions of patches of different colours could be applied to the surface of an article. In fact, the game boards for many board games are protected as industrial designs (in addition to other forms of available protection). Similarly, an inlay wood pattern decorating the doors on the book case discussed above would not be three dimensional, but could be the subject of an industrial design. The ornamentation of some part of an article can also be protected as an industrial design. A good example of an industrial design of this type would be the ornamentation on the handles of spoons. The notions of shape, configuration, pattern, and ornamentation are not meant to be discrete categories, and they will often overlap, but considered together, they suggest that almost all of the features of an article which appeal to, or are judged by, the eye are industrial designs. In order to further broaden the range of designs, combinations of these features are also permitted. The bookcase discussed above is an example of an industrial design which could feature a combination of design elements, namely, the configuration of the shelves, cupboards, etc, and the inlay wood pattern on the doors.