The industrial design protects the external appearance of some product or some of its parts, determined by its visual features, and in particular lines, contours, colors, shapes, texture and materials from which the product has been made or by which it has been decorated, as well as their combination.
Subject matter of protection, according to this Law, can be only industrial or craft item, or item suitable for production in an industrial or craft manner. Otherwise, it is a “work of art” that can only be protected by copyright.
Industrial design can be used to protect three-dimensional (external) appearance of some product, for example car, parts of furniture, watches, jewelry, fashion and other luxury items, the appearance of industrial machines and its parts, medical instruments, household and electrical appliances, civil engineering structure, package, but also pictures, designs, line patterns which are by their nature two-dimensional in shape, such as the textile or wall paper prints.
Industrial design can not be used to protect external appearance of the product which is solely determined by the technical function of that product, or the external appearance of the product which must be reproduced in its precise shape and dimensions, in order to enable it to be mechanically connected with some other product or placed around it or next to it, so that each product can perform its own function.
Why is it necessary to protect industrial design?
For the success of every product on the market, special importance belongs to its esthetic appearance, or the shape of that product. For the commercial consumers products it is especially true that the external appearance of the product is examined and perfected along with its package as one of the essential elements of attraction for potential buyers. It is necessary that such external image suits both functional and esthetic demands of the users, as well as the demands of the modern art and technology.
By protecting industrial design, its owner has the exclusive right to use it as well as to prohibit every third person the unauthorized utilization, copying or imitation.
As the industrial design represents the aspect of the product that makes it esthetically attractive and appealing, it is not only artistic or creative element, but it also contributes market value of the product and facilitates its marketing and commercialization.
The protection of industrial design contributes to the market development of the product and enables the return of the investment, promotes creativity in industrial and manufacturing sector, contributes to the expansion of the commercial activities and increases the export potential of the product.