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 is primarily of an aesthetic or visual nature, and does not relate to the technical features of an article.

1. Advantages of Registered Designs

The owner is able to prevent unauthorized copying or imitation of his or her design by third parties. In addition, as industrial designs add to the commercial value of a product & facilitate its marketing & commercialization, their protection helps ensure 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, thereby broadening 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.

2. Disadvantages of Unregistered Designs

The owner is unable to prevent unauthorized copying or limitation of his or her design by third parties.

Unprotection of industrial designs discourages unfair competition & dishonest trade practices

Except in the case of an application under Section 11 of the Ordinance, any person claiming to be the proprietor of any new or original design not previously published any where in the world may make an application for the registration of such design in Pakistan. Thus the applicant need not be the author of the design.
The Design Ordinance 2000 provides priority arrangements for all member countries of World Trade Organization (WTO) if application in Pakistan is filed within 6 months of the priority country filing.