This article will help you to know all about the national instruments of Industrial design, its legal provisions, and so on.
Design” means the form or shape of any material manufactured in any manner.[PDT Act, 2022]. An industrial design is the process of design applied to physical products that are to be manufactured by mass production.
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.
Industrial design is governed by the patent, design, and trademark act 2022.
National Instruments of Industrial Design: The Patent, Design, and Trademark Act, 2022(1965)
Chapter 3: Design
Section 12: Acquisition of title to Design
A person may acquire title under this Act to the design of any article manufactured or caused to be manufactured upon registration under Section 14.
Section 13: Application for Registration of Design
A person desirous to register the design of any article manufactured or caused to be manufactured shall submit to the Department along with 4 copies of such designs, drawings, and map in a proper format.
Section 14: Registration of Design
On receipt of the application filed by any person under Section 13, the Department shall register the design in the name of the applicant and issue a certificate. Such design hurts the prestige of any individual or institution or adversely affects the public conduct or morality, undermines the national interest, or in case such design has already been registered in the name of any other person, it shall not be registered.
Section 14(a):
Term of design – For a period of 5 years that can be renewed again two times i.e., for 15 years.
Section 15: Punishment
Fine not exceeding Fifty thousand Rupees, and articles and goods connected with such offense shall be confiscated on the order of the Department, as per the gravity of the offense.
Chapter 5: Miscellaneous
Section 21
(A) Publication of the registered Design and Trademark.
(B) Compulsory Registration of Foreign patents, designs, and trademarks in Nepal as well.
(C) No investigation over foreign-registered patents, designs, and trademarks while registering.
Section 22:
A separate record book of patent, design, and trademark should be maintained at DOI.
Section 25: Compensation
In case a person whose design has been registered under this Act suffers any losses as a result of the violation of the provisions of this Act by any other person in respect to the design, the Department may order to compensate a reasonable amount to the title holder from the offender.
