Industrial Design in Different Jurisdictions: A Comparison of Laws

Rahman, Sharifa Sayma

Abstract

Nowadays commercial success of a product largely depends upon the attractiveness and appeal of the product. Design nourishes creativity in the industrial and manufacturing sector and thereby helps to expand commercial activities which ultimately lead economic development. For that reason companies use intellectual property laws for the protection of industrial design. Industrial designs are dominant tools for branding. Brand names affirmed by industrial designs have become the most important strategic factor of an emergent number of companies. This article explains how intellectual property laws protect design and makes comparison on the different design protection system in the US, the EU and in Australia. This appraisal presents that design protections are considerably different amongst these three developed countries. This article also enlightens some of the most important cases relating to industrial design in the US, the EU and in Australia.


Keyword(s)

Industrial design, Design patent, Sui generis law, Coherent design protection.

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