Industrial Design, Patents, and Geographical Indications in India

Posted on Feb 22, 2025 in Business Administration and Innovation Management

What is Industrial Design?

Industrial Design refers to the visual aspects of a product, like its shape, pattern, and color, that make it appealing and valuable to consumers. It focuses on the appearance, not the functionality of the product, and is important for product development and marketing.

Types of Industrial Designs

  1. 2D Designs: Flat designs like patterns or logos.
  2. 3D Designs: Designs with volume and depth, like the shape of furniture or cars.
  3. Functional Designs: Aesthetic designs that also serve a practical purpose, such as ergonomic furniture.
  4. Non-Functional Designs: Focus on decoration and beauty, not functionality.
  5. Nature-Inspired Designs: Designs inspired by nature, like shapes found in plants or animals.
  6. Abstract Designs: Artistic designs made up of shapes and colors, not representing real objects.

Design Registration Trends in India

In India, industrial design registrations have increased significantly from 2010 to 2020, reflecting growing interest in protecting unique product designs:

  1. Increase in Applications: The number of design applications grew, with a peak of 12,268 in 2019-2020.
  2. Growth in Registrations: More designs were examined and registered, showing the increasing value of design protection.
  3. Overall Growth: Design applications, examinations, and registrations grew by 88%, 117%, and 33%, respectively.
  4. Rising Awareness: More people are recognizing the importance of protecting their designs.
  5. Government Support: The Indian government has taken steps to make the design registration process easier and raise awareness about intellectual property rights.

These trends highlight India’s growing focus on protecting industrial designs and encouraging innovation.

Case Studies: Curcuma and Neem Patents

Curcuma Patent Case

  • Background: In the late 1990s, two researchers filed a patent in the USA for a process to extract curcumin from turmeric, claiming it could be used for medicinal purposes.
  • Opposition: India opposed the patent, arguing turmeric had been used for centuries in traditional medicine, and its properties were well-known. The patent was seen as an attempt to appropriate traditional knowledge.
  • Outcome: In 1999, after strong opposition, the US Patent Office revoked the patent, highlighting the challenge of patenting traditional knowledge.

Neem Patent Case

  • Background: In 1995, W.R. Grace & Co. patented the use of neem extract as a pesticide, despite it being widely used in India for centuries.
  • Opposition: Indian authorities and local healers argued that neem had long been used in traditional medicine and agriculture, and the patent was a form of biopiracy.
  • Outcome: After years of protest, the patent was revoked in 2000, raising awareness about protecting traditional knowledge from exploitation.

Implications of Both Cases

  1. Biopiracy Awareness: These cases raised concerns about exploiting traditional knowledge and resources by patenting what was already known.
  2. Legal Reforms: They led to changes in laws to protect traditional knowledge and biological resources.
  3. Intellectual Property Rights: The cases highlighted the need for intellectual property laws to respect indigenous rights and ethical standards.
  4. International Cooperation: The cases encouraged international agreements to protect traditional knowledge and ensure communities benefit from their resources.

Geographical Indications (GI)

Geographical Indications (GI) are signs used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. These indicators not only signify the origin of the product but also suggest certain qualities and characteristics that are linked to the area from which they come.

Example: Darjeeling Tea

Darjeeling Tea is a well-known geographical indication in India. It refers to tea that is cultivated and processed in the Darjeeling district of West Bengal. The unique climate and soil conditions in this region contribute to the distinctive flavor and quality of the tea.

Rights Granted to GI Holders

  1. Right to Grant Licenses: GI holders can license the use of the GI to other producers or companies, allowing them to market their products under that indication.
  2. Right to Sue: GI holders have the right to take legal action against any unauthorized use of the GI by third parties.
  3. Right to Exploit: They can authorize others to use the GI, often under specific terms and conditions to maintain the quality associated with the GI.
  4. Right to Obtain Reliefs: GI holders can seek redress for any violations or misuse of the GI, ensuring that they can protect the reputation and value of the product associated with the GI.

Process of GI Registration

  1. Prior Art Search: Conduct a search to ensure the GI is not already registered.
  2. File Application for GI Registration: Submit an application that includes all necessary details about the GI and its producers.
  3. Application Examination by Registrar: The registrar examines the application for compliance with requirements.
  4. Objections or Deficiencies: Determine if there are any objections or deficiencies in the application.
  5. Respond to Deficiencies: If deficiencies are found, the applicant must respond with the necessary corrections.
  6. Publish in GI Journal: Once the application is satisfactory, it is published to allow for any objections from the public.
  7. Objections Received?: If there are no objections, the GI will proceed to registration; if objections are raised, they must be resolved.
  8. GI Registered: After all steps are completed and no issues remain, the GI is officially registered, protecting the geographical indication.

Case Study: Apple Inc. vs. Samsung Electronics Co.

  1. Background: In 2011, Apple sued Samsung for copying the design of its iPhone and iPad, specifically accusing Samsung of imitating the shape and user interface of Apple’s devices.
  2. Key Features in Dispute: Apple pointed out that Samsung copied design elements like the overall shape, user interface, and features such as “tap to zoom” in its Galaxy S devices.
  3. Evidence: Apple showed comparisons between the iPhone and Galaxy S, claiming clear similarities, though some questioned whether Apple had exaggerated these comparisons.
  4. Counterclaims: Samsung counter-sued, alleging Apple had infringed on its own patents, leading to legal battles across multiple countries.
  5. Court Rulings: In 2012, a jury ruled that Samsung had infringed Apple’s design patents, ordering Samsung to pay damages.
  6. Damages: By 2018, Samsung was ordered to pay $539 million to Apple for patent infringement.
  7. Impact on Design Rights: The case highlighted the importance of protecting design rights, especially in the tech industry.
  8. Consumer Electronics: It emphasized that design and user interface are crucial for a product’s market success.
  9. Innovation vs. Imitation: The case showed the ongoing struggle between innovation and imitation in the tech industry.
  10. Legacy: The case became a key reference in discussions about design rights and patent law in technology.

Industrial Design Registration Process

The registration process for industrial design involves several key steps to ensure protection under intellectual property law:

  1. Prior Art Search: Check if the design is already registered or publicly known to ensure it’s unique.
  2. Filing an Application: Submit an application to the appropriate authority with details like the applicant’s name, design representation, and design classification.
  3. Examination of Application: The registrar checks if the design meets legal requirements for novelty, originality, and clarity.
  4. Objections or Deficiencies?: If there are issues, the registrar sends a notice to the applicant.
  5. Respond to Objections: The applicant responds with necessary clarifications or changes.
  6. Publication in Official Journal: If the application is approved, it’s published for public awareness and potential opposition.
  7. Opposition Period: Others can oppose the registration during this time.
  8. Registration of Design: If no opposition occurs or it’s resolved, the design is registered, and a certificate is issued.
  9. Renewal: The registration is valid for 10 years and can be renewed for 5 more years.

This process ensures that new industrial designs are unique, protected, and legally recognized.

Ecosystem and Significance of Geographical Indications in India

Ecosystem of Geographical Indications (GI) in India

  1. Legal Framework: Geographical Indications in India are protected under the Geographical Indications of Goods Act, 1999, which sets the rules for registration, protection, and enforcement.
  2. Registration Process: The process includes searching existing GIs, filing applications, and ensuring compliance with set standards. Registered GIs are marked to show their authenticity and origin.
  3. Administration: The GI Registry, under the Department for Promotion of Industry and Internal Trade, manages the registration and protection process.
  4. Stakeholder Involvement: Many groups are involved in the GI ecosystem, including producers, local communities, policymakers, and legal bodies. They help maintain the standards and benefit from the recognition.
  5. Market Dynamics: Registered GIs enhance product identity, leading to better pricing and demand, and helping local artisans and farmers.

Significance of Geographical Indications in India

  1. Economic Development: GIs support local industries and crafts, boosting the economy, particularly in rural areas.
  2. Cultural Heritage: GIs help preserve and promote India’s cultural and traditional knowledge.
  3. Consumer Trust: GI tagging assures consumers of quality and authenticity, building trust in products from specific regions.
  4. International Recognition: GI protection helps India market its traditional products globally, improving competitiveness.
  5. Legal Protection: GIs safeguard traditional knowledge and resources from being exploited by foreign entities.
  6. Sustainable Development: GIs encourage eco-friendly production practices, aligning with global sustainability goals.
  7. Challenges and Opportunities: There are challenges such as lack of awareness and complex registration processes. Addressing these can strengthen the GI system.

Case Study: Basmati Patent

The Basmati patent case highlights the issues surrounding the patenting of Basmati rice, a traditional agricultural product, and the protection of geographical indications and traditional knowledge.

Background: Basmati rice, grown mainly in the Indian subcontinent, is known for its unique aroma and flavor. In the late 1990s, RiceTec Inc., a U.S. company, was granted a patent for a rice variety it called “Basmati,” despite Basmati having been cultivated for centuries in India and Pakistan.

Key Issues

  1. Biopiracy: The patent raised concerns about biopiracy, where companies patent traditional knowledge and resources without crediting or compensating the original communities. This affected Indian and Pakistani farmers who had cultivated Basmati for generations.
  2. Impact on Farmers: The patent threatened the livelihood of local farmers, potentially restricting their use of traditional rice varieties.
  3. Legal Responses: The Indian government and legal groups contested the patent, arguing that Basmati was part of traditional knowledge and should be protected under Geographical Indications (GI).
  4. Geographical Indications (GI): Basmati rice was eventually recognized as a GI product in India, which helped safeguard its regional identity and protect it from unauthorized use.
  5. Judicial Review: After legal proceedings, parts of the patent were invalidated in 2001 due to lack of novelty. The case emphasized the need for stronger protections for traditional agricultural products.

Outcomes

  1. Stronger GI Protection: The case led to more awareness and calls for better protection of traditional knowledge and geographical indications.
  2. Policy Changes: The controversy prompted discussions on laws to prevent biopiracy and to protect indigenous communities’ rights.
  3. Public Awareness: The case raised awareness about intellectual property issues related to agriculture and traditional practices, encouraging advocacy for farmers’ rights.