According to the Industrial Property Act 2001, an industrial design is defined as “any composition of lines or colours or any three-dimensional form whether or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft”.

To register an industrial design and fully protect it legally, it must be new. Difficulties can arise where it is similar to an existing design.

In legal terms, the test is whether similarities are so strong that the differences are immaterial. As you may imagine, this is not always easy to clearly determine, and many legal disputes over designs arise where businesses seek to protect previously unregistered designs.

In a competitive marketplace, disputes can arise for tactical and commercial reasons, so it’s worth ensuring you have specialist legal advice from the outset.

Generally, an industrial design registered in Kenya cannot be used abroad. However, the Kenyan application can be used to establish a priority date for a separate application made in another country.

Industrial design refers to the creation and development of designs for manufactured products. It involves the integration of aesthetics, functionality, ergonomics, and usability to enhance the overall user experience. Here are some examples of industrial designs:

1. Automobiles: The design of cars, motorcycles, trucks, and other vehicles involves shaping the exterior and interior, optimizing aerodynamics, and creating a visually appealing and comfortable driving experience.

2. Electronics: Industrial design plays a crucial role in the creation of consumer electronics such as smartphones, laptops, televisions, and audio devices. It includes considerations of form, user interface, and ergonomics.

3. Furniture: Designing furniture involves combining aesthetics, functionality, and comfort. Industrial designers create chairs, tables, sofas, and other pieces that are visually pleasing, durable, and ergonomic.

4. Appliances: Industrial design is important in the development of household appliances like refrigerators, washing machines, ovens, and vacuum cleaners. These designs focus on user-friendly interfaces, efficient use of space, and appealing aesthetics.

5. Lighting: Industrial designers create lighting fixtures that blend functionality and aesthetics. They consider factors such as the type of light emitted, energy efficiency, and the overall design to enhance the ambience of indoor and outdoor spaces.

6. Packaging: Packaging design involves creating visually appealing and functional packaging for products. Industrial designers consider factors such as branding, ease of use, protection of the product, and environmental sustainability.

7. Sports Equipment: The design of sports equipment like bicycles, skis, golf clubs, and helmets requires a balance of performance, safety, and aesthetics. Industrial designers work on enhancing functionality, aerodynamics, and user experience.

8. Tools and Machinery: Industrial designers create designs for tools and machinery used in various industries. These designs focus on ergonomics, safety, ease of use, and efficiency to improve productivity.

9. Medical Devices: Industrial design is critical in the development of medical devices such as prosthetics, diagnostic equipment, and surgical instruments. These designs prioritize usability, comfort, and precision.

10. Packaging Machinery: Industrial designers also work on the design of machinery used in packaging processes, such as filling machines, labeling machines, and sealing machines. These designs aim to optimize efficiency, reliability, and ease of operation.

These are just a few examples of industrial designs, and the field is vast, encompassing various products and industries. Industrial designers collaborate with engineers, marketers, and manufacturers to create innovative and functional designs that meet user needs and enhance the overall product experience.

The four types of industrial design are as follows:

1. Product Design: This type of industrial design focuses on the development and improvement of individual products. It involves creating designs for consumer goods, electronics, furniture, appliances, and other tangible products. Product designers consider aesthetics, functionality, usability, ergonomics, and materials to create innovative and user-friendly designs.

2. Transportation Design: Transportation design is concerned with the creation of designs for various modes of transportation, including automobiles, motorcycles, aircraft, boats, and trains. Transportation designers focus on factors such as aerodynamics, safety, performance, comfort, and aesthetics to develop visually appealing and efficient transportation solutions.

3. Environmental Design: Environmental design encompasses the design of spaces, environments, and experiences. It includes the design of architecture, interior spaces, urban planning, landscape design, and exhibition design. Environmental designers aim to create functional, visually appealing, and sustainable environments that meet the needs of users and enhance their experiences.

4. Interface Design: Interface design involves the creation of user interfaces for digital products and systems. It encompasses the design of graphical user interfaces (GUIs), interactive displays, mobile applications, websites, and other digital platforms. Interface designers focus on usability, accessibility, visual hierarchy, and user experience to create intuitive and engaging interfaces.

These four types of industrial design represent different areas of specialization within the field. However, it’s important to note that industrial designers often work across multiple types, as many projects may require a combination of product, transportation, environmental, and interface design skills.

Industrial design and graphic design are distinct disciplines, each with its own focus and purpose. Here are the key differences between industrial design and graphic design:

1. Scope and Tangibility:
– Industrial Design: Industrial design deals with the design and development of physical products, such as consumer goods, appliances, vehicles, and furniture. Industrial designers focus on creating functional and aesthetically pleasing objects that meet user needs and enhance the overall user experience.
– Graphic Design: Graphic design, on the other hand, primarily involves the creation of visual content for communication purposes. Graphic designers work with two-dimensional media, such as images, typography, and layouts, to convey information, promote brands, and create visual identities.

2. Medium:
– Industrial Design: Industrial design primarily operates in the physical realm, focusing on tangible objects. Industrial designers consider factors such as materials, manufacturing processes, ergonomics, and functionality to create designs that can be produced and used in the real world.
– Graphic Design: Graphic design primarily operates in the digital and print media. Graphic designers work with digital tools and software to create designs for websites, digital advertisements, brochures, posters, logos, and other visual materials.

3. User Experience:
– Industrial Design: Industrial designers emphasize the user experience of physical products. They consider factors like ergonomics, usability, and functionality to ensure that the products are intuitive, comfortable, and enjoyable for users.
– Graphic Design: Graphic designers focus on the visual and communicative aspects of their designs. They strive to create visually appealing compositions, use appropriate typography, and effectively convey information to engage and communicate with the intended audience.

4. Design Process and Skills:
– Industrial Design: Industrial design involves a multidisciplinary approach, combining aspects of engineering, aesthetics, ergonomics, and manufacturing. Industrial designers need to have a strong understanding of materials, production techniques, prototyping, and 3D modeling.
– Graphic Design: Graphic design involves a creative and iterative design process. Graphic designers need to have a strong sense of visual aesthetics, typography, color theory, composition, and an understanding of digital design tools and software.

While there may be some overlap in certain areas, industrial design and graphic design have distinct focuses and skill sets. Industrial design revolves around the creation of physical products and their user experience, while graphic design primarily deals with visual communication and creating digital or print materials.