EBC Learning Course on IPR: Mod 6 - Designs

The commercial success of a product depends on how it grabs the customer's attention. So, it is not only the functional utility and efficiency of the product but appearance also that matters. Say a manufacturer has designed a unique design of a key suitable to fit in a specially designed grove of a lock. Can the manufacturer protect the design? Does it fit under patents, or as artistic work under copyrights, or should it be protected under designs? It would remain a conundrum? If you don't understand the legal basics of design law and its salient features. This course is designed to help you understand the concept of design and how it is protected under the law. Another interesting feature of this course is that it brings the overlap of design protection vis-a-vis patents, trademarks and copyrights. Other topics covered in the course include criteria for protection of a design, rights of design owner, piracy of design and remedial measures.

The learning objectives of the module are:

1. To identify the need for design protection and the basic concept of design rights.
2. To differentiate between copyrights, trademarks and design protection.
3. To recognise the procedures involved in protection of designs.
4. To analyse issues constituting infringement of designs and its remedial measures.

1. Introduction
I. Relevant provisions
1.1 Introduction
1.2 Evolution of design law
1.3 Meaning and definition of design
II. Exercise set I
III. Exercise set II

2. Criteria for design protection
I. Relevant provisions
2.1 Subject matter for protection of design
2.2 Criteria for protection of design (I)
2.3 Criteria for protection of design (II)
2.4 Criteria for protection of design (III)
2.5 Designs excluded from registration
II. Full text of leading cases
III. Exercises

3. Overlap of designs, patents, copyrights and trademarks
3.1 Overlap of designs on patents
3.2 Overlap of designs on copyrights and trademarks
I. Full text of leading cases
II. Exercises

4. Registration of designs
I. Relevant provisions
4.1 Registration of designs
II. Exercises

5. Rights of a design owner
I. Relevant provisions
5.1 Rights of a design owner
II. Exercises

6. Infringement of designs and remedial measures
I. Relevant provisions
6.1 Infringement of designs
6.2 Exceptions to infringement
6.3 Remedial measures to infringement of designs
II. Full text of leading cases
III. Exercises

I. Examination pointers
Exam pointers