Industrial Designs

Information to know about Industrial Designs

What is an Industrial Design?

An Industrial Design is the ornamental aspect of a useful article. This ornamental aspect may be constituted by elements, which are three-dimensional (the shape of the article) or two-dimensional (lines, designs, patterns and colours) but must not be dictated solely or essentially by technical or functional considerations. It is the right to protect the ornamental, non-functional features of an Industrial Article or Product that arise from Design Activity.

To be eligible for Industrial Design Protection in this country, Industrial Designs must be Original or Novel and must be Registered at the Intellectual Property Office, Third Floor, Capital Plaza, 11-13 Frederick Street, Port of Spain.

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What kind of rights does Industrial Design involve?

Protection of an industrial design means that third parties not having the consent of the owner of the protected Industrial Design are not permitted to produce copies, or what is substantially a copy, of the protected design, when such acts are undertaken for commercial purposes. 

An Industrial Design is registrable if it is new. The rights to registration of an Industrial Design belong to the Creator.

For example: The shapes of many ergonomically designed pieces of furniture, tools, tool handles, boat hulls and sunglasses are just a smattering of the many shapes around us that are protected by Industrial Design

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Excerpt taken from The Creative Caribbean video produced by the World Intellectual Property Organization (WIPO) 2006.

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Criminal penalties for Intellectual Property Rights Infringement

IPR

Maximum Penalty (TT Dollars)

Copyright and Related Rights incl. databases

$250,000.00 or ten years imprisonment (summary conviction)

Topography of Integrated Circuits

$10,000.00 or 5 years imprisonment (summary conviction)

Trade Mark (incl. company names represented in a special or particular manner)

$10,000.00 or 6 months imprisonment (summary conviction); $40,000.00 or 10 years imprisonment (indictment)

Industrial Design

$10,000.00 or ten years imprisonment (summary conviction)

Patent and Utility Model

$10,000.00 (summary conviction).

Falsification of patent register: $20,000.00 (summary conviction) or $40,000.00 or ten years imprisonment (indictment)

Geographical Indications

$8,000.00 or three years imprisonment (summary conviction)

Plant Variety

$10,000.00 (summary conviction)

Unauthorised claim of patent rights

$10,000.00 (summary conviction)

Unauthorised claim that a patent has been applied for

$10,000.00 (summary conviction)


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The Copyright Infringement Ship

Piracy Ship

Click here to download image.

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Piracy

Piracy occurs when any of the copyright owner’s exclusive rights are violated.

Note 14 of the TRIPS Agreement on Trade Related Aspects of Intellectual Property Rights (IPRs) provides the following interpretation:

(a) “counterfeit trademark goods” shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation;

(b) “pirated copyright goods” shall mean any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation.

The maximum penalty for copyright infringement is $250,000 or ten years imprisonment. The above pirate ship illustrates some common examples of piracy.


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