| Design |
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| What is Design? |
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| “Design” means 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, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trademark. The Indian Design Law has provisions to protect the artistic and/or visual features of an article. In general, a design is the outer outlook of an article that a naked eye can see. |
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| Requirement for filing application for registration of design |
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It is very important to note that registration is granted to such design, which is new and original. If the design is used, published or publicly known prior to the date of application for registration, such design can not be registered.
• Power of Attorney.
• Name(s), age and address (es) and nationality (ies) of the Applicant whether they are proprietor, partners or Directors.
• Name of an article/specification of goods in which design subsist.
• Drawings and/or photographs of the Article from each side like Front View, Back view, Side View, The other side view, Perspective view or other possible view and/or specimens (as the case may be).
• Specify the novel aspects of the design. |
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| Procedure of obtaining Registration of Design |
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| An application has to be filed as per the prescribed Form – 1 for registration of design. Application is examined by the Examiner, either examiner may raise objection or accept application if the application is accepted registration certificate is issued and design is published in the Official Gazette. If the registrar raises objection either objection has to be removed to get design accepted or an appeal to the High Court against the order of the Controller is to be filed. Any person interested to oppose registration may present a petition for the cancellation of the registration of the design at any time after the registration of the design to the controller for want of novelty or for not fulfilling any other requirement under the law. |
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| What design can not be registered? |
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• A design which is not new or original and/or,
• A design has been disclosed to the public in India or any other country and/or,
• A design which is not significantly distinguishable from known designs or combination of known designs and/or,
• A design comprises or contains scandalous or obscene matter. |
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| Renewal of Designs |
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| The registration of designs is valid for 10 years from the date of application or date of priority whichever is earlier. This duration may be extended by another 5 years on filing an application for extension of copyright before the expiry of the said period of 10 years. |
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| Why should one register Design? |
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| By registration of Designs the proprietor of design can protect his unique design in a product and get right to exclusively use the design. A product with registered designs has its own identity, goodwill and market reputation and can easily stand in market as well as can restrict other competitors to copy his design and get the benefit from the uniqueness of design. When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration. |
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| Assignment and Transmission |
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| Assignment and Transmission of a registered design is possible, particulars of the same must be entered in the Register of Designs to entitle the person in whose favour the design is assigned or transmitted. |
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| Piracy or infringement |
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| Unauthorized use or filing of application of the features of a registered design to any article in any class of articles in which the design is registered amounts to piracy of the registered design. Action for piracy of design may be instituted in a District Court or High Court having jurisdiction. |
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