Page 27 - QUEST-IP (Final)_Neat

DESIGNS

An interesting type of intellectual property is designs, similar to
trademarks, has the aspect of distinguishing the owner of the design from
others in the same market and are associated with branding of businesses.
Designs include shape, configuration, patterns, ornament, the look and
feel of products, aesthetics, packaging etc. For instance, the distinctive
shape of a Toblerone chocolate. Also, the infamous case of Apple, Inc. v
SAMSUNG, whereby, Apple, Inc. claimed that Samsung has copied the
design of the iPhone which is a registered Design of Apple, Inc.

As designs can be at the heart of branding for businesses, it is important that
the same are protected under the law so that consumers are not deceived
as to the origin of the goods. In Bangladesh also, it is very important that
the sectors including FMCGs focus more on design registration of their
packaging alongside the registration of their trademarks.

Requirement: Registration of designs require that the design must be
original and must not be the same as any other design of the same type
of good in the market.
Registration: Designs may be registered under the Department of
Patents, Designs and Trademarks with duly filled prescribed forms.

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