In the field of Intellectual Property, a design refers to the unique and aesthetic visual attributes of an article. The aesthetic appearance may comprise of 2D and 3D figures, with regards to specific configuration, shape and pattern that renders the article distinct and recognizable. The designs are applied to a wide array of objects, from industrial products to handicrafts.
While 23 years have passed since the Design Ordinance of 2000 was promulgated, it is interesting to note that it was aligned with the old Patent and Design Rules of 1933 that led to the creation of various complications in terms of the registration and post-registration proceedings. In this scenario, we can say that the new design rules come almost a century later (exactly 90 years), however it can be seen as a great step for a smooth transition towards the updated intellectual property regulations in order to harmonize with the international standards.
Key Features of the New Rules
The recent adoption of Pakistan's new classification system for industrial designs marks a significant leap forward to bring Intellectual Property laws and Rules in line with the global standards. The previous rules categorized designs based on the material they were made from while the updated framework now classifies designs according to their intended use.
This strategic transformation is set to produce far-reaching advantages. It not only empowers the applicants to navigate the application process more efficiently but also equips examiners with a clearer framework for evaluation of the criteria of registration. Ultimately, this approach will boost the protection and promotion of intellectual property rights in the field of industrial designs, fostering a more conducive environment for innovation and creativity on a global scale. What sets this evolution apart is also its alignment with the future accession of HAGUE SYSTEM that follows the widely recognized LOCARNO classification, which has been employed by various countries worldwide.
According to the Registered Design Ordinance of 2023, the submission of affidavit by the inventor/applicant in support of novelty has been obsoleted. However, a relevant declaration statement has been added to application form D-1. As a result, the application form executed by the Applicant and/or Inventor shall be filed before examination to avoid formal objection.
In case of design filing through a law firm or an attorney, Power of Authorization (POA) shall be submitted along with the application documents, the same can be submitted later along with the late surcharge.
The recent changes to the design registration process have brought about several positive outcomes. One key improvement is the implementation of a timeline by the Patent Office for issuing office action. This ensures that the Applicants receive decisions on their applications within a reasonable time, promoting efficiency. The general procedure and timeline are summarized below:
The reduction of the workload on the Patent Office is another positive impact. With the earlier unlimited extensions, the office faced a substantial burden due to the high number of pending design applications at the Applicant’s end. The new rules limit extensions, easing the burden on the Patent Office and allowing the registrations of the interested candidates to proceed further.
Moreover, the inclusion of images with registered designs during publication is a valuable addition. This step will help in encouraging a healthy competition between the industries in the same sector towards creating a broader intellectual property portfolio. The provision will also aid in identifying potential grounds for cancellation and support a more comprehensive examination process. In essence, these recent changes not only streamline the design registration process but also support its fairness, efficiency, and overall effectiveness.
Anticipating the future, the Design Rules of 2023 aim to leverage technology for improved efficiency and convenience for applicants to submit design applications online, reducing the need for in-person visits. This shift may enhance accuracy, hasten communication between applicants and authorities, and promote transparency. Additionally, the potential environmental benefits of reduced paper usage and transportation align with modern ecological considerations. While these changes have yet to be realized, the prospect of streamlined and accessible administrative processes through technology is promising.
The new Design Rules 2023 introduce a commendable aspect of clarity concerning unregistered designs. They provide definitive guidance on the criteria for designs which cannot be registered, which include designs such as one which is against public morality or trade-dress that takes various factors into consideration and goes beyond the aesthetics.
In the new design rules IPO- Pakistan also take care the current economic situation of the design registry and announced a significant fee revision after a span of around 25 years. This adjustment in fees marks a substantial change, addressing the rising operational costs faced by the IPO. The revised fee structure is expected to provide the IPO with the necessary resources to enhance its services, streamline processes, and ensure sustainable operations for the years ahead.
These forthcoming amendments hold the potential to usher in significant improvements that align with the dynamic landscape of innovation and creativity. The foundational changes introduced by the Design Rules of 2023 are a testament to the authorities' commitment to modernizing and enhancing the protection of design rights. The gaps that may surface as the rules are applied and the industry evolves can be thoughtfully addressed by the competent authorities, ensuring that the design protection framework remains strong and adaptive. As we await these enhancements, the future for safeguarding intellectual property rights in the design category appears brighter than ever before.
