Design is define in Section 2(d) of the Design Act, 2000 wherein it refers to only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means. In simple words, design can be define as Aesthetic features or external appearance that is applied to an article.
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Benefits of Design Registration
The purpose of Design registration is to extent the protection to physical appearance of article/protect beyond its usage because appearance of articles plays an important role as it is first thing that consumers notice when they see the product so it becomes important to create first impression. Further the main aim of design Registration is to ensure that the artisan, creator, originator of a design having aesthetic look is not deprived of his reward by others applying it to their goods.
- Right to exclude others from using similar design having identical resemblance.
- Legal right to sue infringers in order to stop piracy of the design.
- Monopoly right over design for 10 years which can further to period of 5 years
- Give unique identity to your article
Criteria of Registration of Design
There certain essentials that qualifies the design for registration. As per the provisions of of the Design Act, 2000, design is registrable only of it is:
- Should not be disclosed to public in any form
- Capable of distinguishing from known design or combination of Design
- Not to be contrary to public order or morality
- Not comprise of any scandalous or obscene matter
Design Registration Procedure
An application duly filled in prescribed format along with requisite fee and relevant documents can be file at any of the Patent office located in Delhi, Mumbai, Chennai, which will be further directed to Design Wing of the Patent Office, Kolkata for examination and prosecution.
If there is any objection found in the application, an objection letter will be issued to the applicant.
The applicant will be given fixed time period as prescribed by the Design Act, 2000, for removing the objections. Once all the objections has been removed by the applicant, design application will be published in Patents Journal. In situation, where the shortcoming in application is not corrected, the Controller will provide hearing opportunity to the applicant and may accept or reject the application. Any person aggrieved by the decision of the Controller refusing to register a design may appeal to the High Court.
The design is a pattern, shape, composition of lines, colors or ornamentation applied to product. Design can be in 2D or 3D or both. Design is the way in which the product is represented and it makes it differ from other products.
The design act came into existence on 1911.
The registration and protection of industrial designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules, 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014.
- No Prior publication
Any person assignee, legal representative of proprietor.
Proprietor of the design i.e one who has created the design and other person who has worked to create the design under contact.
The application of Design registration can be file online at https://ipindiaonline.gov.in/eDesign/goForLogin/doLogin or at any of the Branch office at Delhi, Mumbai, and Chennai. The head office of Design registration is at Kolkata.
The term of protection of design in India is 10 years which can be extended to 5 more years
- A written description of the original feature of the design.
- Drawing or photo of the design.
- A declaration.
- A required fee.
- The application shall be signed by the proprietor.
- Full mailing addresses.