| | Obscure Intellectual Property Rights |
 | | The requirement for originality is not expressly stated in the IDA, however, the IDA states that a certificate of registration of an industrial design is, in the absence of proof to the contrary, sufficient evidence of the originality of the design. |
 | | The Industrial Design Office has adopted a three prong test as to originality: (i) the applicant's design and the prior art design should not be examined side by side, but separately; (ii) the applicant's design is viewed as a whole; and (iii) any change (change relevant to a prior art design) must be substantial. |
 | | Since design rights are shorter in term and are almost always construed more narrowly than patent rights, the assignee or licensee should also consider whether taking a license or assignment of design rights alone is adequate to protect against theft of intellectual property. |
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