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An industrial design protects aesthetic appearance of the design that is non-functional and appeals to the eye.
How Can I ‘Patent’ It?
You can only patent it if your design is novel, functional, and solves a technical problem.
A patent excludes others from making, using, or selling the patented product. It does not give you the right to use, make, or sell a product.
What Does This Mean?
You can stop others from making, using, and selling your patented product so that others can be excluded from competing with you.
Patent is only enforceable after it is granted, and only in the jurisdiction where it is granted.
Patent protection is territorial in nature although Patent filing can be done internationally via international treaties such as Patent Corporation Treaty (PCT) or Paris Convention.
A patent application is only valid if filed before any public disclosure of the invention is made. Any subsequent patent applications can be filed in other countries within 12 months from the filing date. After that 12 months, subsequent patent applications to protect the same invention would be considered invalid because the invention is deemed publicly disclosed.
How Else Can I Protect My Patent?
It depends on that particular national law that allows reinstatement of lapsed patents.
Your own evidence is not acceptable in Court as it can be faked and the contents be swapped.
What Can I Do?
Ensure proof of copyright meet the respective countries’ law and requirements. For example, execute a Statutory Declaration etc.
Work published on the internet may be ‘Publicly Accessible’, but it may not mean that the work falls under ‘Public Domain’ category.
How Is It Not Free?
Only copyright that expires with many years after the death of the author will be considered ‘Public Domain’ and entitle you to free use.
Any adaptation is legally considered as ‘derived work’ and it will still be considered as their work.
What can Happen?
You may be sued for copyright infringement as it is not your original work but a derivative work from copying or modifying without the owner’s permission.
You do not own the logo/brand by law if you do not register them.
What Can Happen?
If you don’t register, you will never own your own brand.
Who would copy?
Your trademark is actually your asset and your business that can make money.
Your business brand name will not be protected under Trademark Act even if your company name is registered under Companies Act.
TM marks are subject to opposition and not protected fully.
There is no one registration fit to all countries, but only on that country you register.
What can I do?