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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
September 16 to 22 of every year is declared as Design Consciousness Week in consideration of the importance of improvement in product design, quality and adaptability to suit the functional needs and aesthetic tastes of foreign market. (Proclamation No. 1259, series of 1974)
In 1974, Proclamation No. 1259 was issued. The Proclamation addressed the fact that during the time of its issuance, the industry’s product exportation position can be maintained only through continuous upgrading of product design, quality and adaptability to functional needs and aesthetic tastes of foreign market. (Proclamation No. 1259, series of 1974)
In this light, the period from September 16 to 22 of every year was thereby declared as “Design Consciousness Week”.
Industrial Design
The Intellectual Property Code of the Philippines (Republic Act No. 8293) affords protection to industrial designs as an intellectual property right.
An industrial design is defined as any composition of lines or colors or any three-dimensional form, whether or not associated-with lines or colors.
An industrial design is the ornamental or aesthetic aspect of an article. Design, in this sense, may be three-dimensional features (shape or surface of an article), or the two-dimensional features (patterns or lines of color). Handicrafts, jewelry, vehicles, appliances – the subject of industrial designs range from fashion to industrial goods. (Industrial Design, Official Website of the Intellectual Property Office, accessed at https://www.ipophil.gov.ph/services/industrial-design/)
Original and new industrial designs enjoy protection under the Intellectual Property Code.
The Intellectual Property Code provides:
“An industrial design is any composition of lines or colors or any three-dimensional form, whether or not associated-with lines or colors: Provided, that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft.” (Section 112)
“Only industrial designs that are new or original shall benefit from protection under this Act.” (Section 113)
It is important to note that industrial designs that are dictated by technical or functional considerations or those that are contrary to public order, health or morals shall not be protected.
The law says:
“Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to public order, health or morals shall not be protected.” (Section 113.2, Intellectual Property Code)
An industrial design is registered to protect its owner and prevent other persons from copying it without the owner’s consent.
The owner of a registered industrial design has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes. (Benefits of Industrial Design, Official Website of the Intellectual Property Office, accessed at https://www.ipophil.gov.ph/services/industrial-design/)
Read also: Patentable and Non-Patentable Inventions
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