Design

According to the design act 2000 design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article in two or three-dimensional form, or both, by any industrial process or means – whether manual, mechanical or chemical, separate or combined which in the finished article appeal to and are judged solely by the eye. However, design excludes any trademark or property mark as well as any artistic work as protected under the Copyright Act.

A design is registered only when it is applied on some article. There is certain condition which has to be satisfied for the purpose of the registration of the design. They are-

1. That it must be a design.
2. That the design must be new or original, not previously published or used in any country before the date of application for registration. Here, originality means originating from the author of such design and includes the cases which though old in themselves yet are new in their application
3. That the design has not been previously registered in India.
4. That it does not comprises or contains scandalous or obscene matter
5. That it is significantly distinguishable from known designs or combination of known designs.
6. That the design must not be contrary to public order of morality.

Term of protection :-

Registered proprietor has an exclusive right to use design for the term of 10 years from the date of the registration. Though, it can be extended for more 5 years by paying prescribed fee within the expiration of the original period of ten years.

Registration of a design:-

1.  An application for registration of design is to be filed before the Controller General of Patents, Designs and Trademarks. Photographs of the articles must be submitted with the affidavit stating the novelty of the design which has been applied on the article. Also application has been submitted with the prescribed registration fee.
2.  If the Controller General of Patents, Designs and Trademarks raises any objections to the application, applicant has to file reply.
3.  After registration, all specifications of the design are published by the Controller.
4.  Oppositions are entertained after registration has been granted.
5.  Appeal against the decision of the controller lie in the high court.

Infringement:-

Anyone can filed the infringement suit and claim damage for the purpose of restraining others from the using, importing, imitating the same design which has been registered by the registered proprietor.

Benefits:-

1. The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.

2. A registered proprietor of the design is entitled for protection of his intellectual property. He can take step against infringement, if his right is infringed by any person.

3. A registered proprietor of the design can license or sell his design as legal property for a consideration or royalty.

FAQ

1. What is meant by ‘Design’ under the Designs Act, 2000?

It is a feature of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by any industrial process which in the finished article appeal to and are judged solely by the eye.

2. What is the purpose of getting design registration?

Registered proprietor has an exclusive right to apply a design to any article in any class in which the design is registered.

3. What is the term of the protection?

Registered proprietor has an exclusive right to use design for the term of 10 years from the date of the registration. Though, it can be extended for more 5 years by paying prescribed fee within the expiration of the original period of ten years.

4. What are the essential requirements for the registration of the design?a) That it must be a design. b) The design must be new or original, not previously published or used in any country before the date of application for registration. Here, originality means originating from the author of such design and includes the cases which though old in themselves yet are new in their application c) That the design has not been previously registered in India. d) That it does not comprises or contains scandalous or obscene matter e) That it is significantly distinguishable from known designs or combination of known designs.
5. Who can apply for design registration?

Any person claiming to be the “proprietor of any new or original design” not previously published in any country and is not contrary to public order or morality can apply for the registration of the design.

6. What is importance of filling the application for registration of design at the earliest possible?

First-to-file rule is applicable for registration purpose of design.

7. How does a registration of design stop other people from exploiting that design?

One can filed the infringement suit and claim damage for the purpose of restraining others from the using the same design which has been registered by the registered proprietor.

8. Is design registration has been mandatory?

To protect the exclusive right to use design and exclude others from using the design it is mandatory to register your design.

9. Is restoration of lapsed design is possible?

Yes, it is possible to restore the design as manner provided under the act.

10. I want to avail this service, what should I do?

Don’t worry, just fill the above mentioned details & contact the professionals of Aapkaconsultant.com and we will guide you with the complete process.

To get your Design Registered, Click here

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