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.
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 these acts can be considered as infringing on the rights of the owner of the industrial design. Legal action can then be taken against the infringer. Industrial design protection as mentioned before provides protection basically for the appearance of an article. In relation to matters concerned with infringement, the size with which the copied article is reproduced or material used in making the copy is irrelevant. Once the copied article looks the same or is similar to the protected design infringement occurs.
The Intellectual Property Office of Trinidad and Tobago is solely responsible for the granting of intellectual property rights in Trinidad and Tobago. Industrial Design protection can be obtained by filing an industrial design application at the Intellectual Property Office. When this is done the design will be examined and if it meets the criteria for Industrial Design it will be protected in Trinidad and Tobago. This gives the owner sole rights over the design to use however they deem fit for a maximum period of fifteen (15) years.
Why bother protecting a design? This question has been asked over and over again. Industrial design protection allows an individual to:
• Prohibit others from using the protected design without consent from the owner.
• Earn significant revenue from the design created. (Contractual engagements etc.)
• Ascertain ownership of the design, which allows innovators to be acknowledged for their work.
Carnival has been for many years, an avenue for those full of imagination, creativity and a passion for crafts to express themselves through costume design. Every year on Carnival Sunday, a competition known as Dimanche Gras is held to award the King and Queen of Carnival title to the best male and female masqueraders. Each band submits a King and Queen for this competition who usually dons a costume more elaborate and complex than the other masqueraders in the band. These costumes are huge and visually stunning and as such, designers compete against one another for the most innovative costumes. Whether you have designed a costume that is stronger or easier to manoeuvre, your imaginative design gives you a competitive advantage over other designers and is worth protecting.
Industrial Design protection is crucial for creators to protect their innovative designs and add commercial value to their product, thus increasing its marketability as third parties cannot produce copies of the protected design without authorization. In the post Carnival season many people collect miniatures and/or trinkets of the King and Queen of Carnival winners; Industrial Design protection can prevent these miniatures from being reproduced without the designer’s consent. This spurs economic growth as more designers would be to and the designer reaps the rewards of time and money invested in creating a design.