Within the framework of the Designs Act, 2000 (‘Act’), a design is understood as new shape, configuration, ornamentation, surface pattern, the composition of lines or the combination thereof, which is applied to articles to create an entity which is judged solely by the eye. The industrial design recognizes the creation of new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colors applied to articles which in the finished state appeal to and are judged solely by the eye.
Designs that are primarily literary or artistic character are not protected under the Designs Act. These will include:
The following documents are required to successfully register one’s design:
Under the Designs Act, 2000 the “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.
When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with the requisite fee.
The duration of the registration of a design is initially ten years from the date of registration, but in cases where the claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by a further period of 5 years on an application made in Form-3 accompanied by prescribed fees to the Controller before the expiry of the said initial period of ten years. The proprietor of a design may make an application for such an extension even as soon as the design is registered.
For ascertaining whether registration subsists in respect of a design, a request should be made to the Patent Office, Kolkata. If the Design number is known, the request should be made on Form 6, otherwise on Form 7, together with prescribed fees. Each such request should be confined to information in respect of a single design.
The first-to-file rule applies to the registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only the first application will be considered for registration of the design.
Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.
India is one of the countries party to the Paris Convention so the provisions for the right of priority are applicable. Based on a regular first application filed in one of the contracting states, the applicant may within the six months apply for protection in other contracting states, latter application will be regarded as if it had been filed on the same day as the first application.
Name and address of the registered proprietor or address for service can be altered in the register of designs provided this alteration is not made by way of change of ownership through conveyance i.e. deed of assignment, transmission, license agreement or by any operation of law. Application in form-22 with the prescribed fee should be filed to the Controller of Designs with all necessary documents in support of the application as required.
Yes, registered designs are open for public inspection only after publication in the official journal on payment of prescribed fee on a request in Form-5.
The registration of design vests the owner with several proprietary rights associated with the design. In other words, it confers upon the owner a ‘copyright’ in the design throughout the period of registration. Thus, it gives the owner an exclusive right to use the design over the class of goods under which the design has been registered.
The objective of the Act was to safeguard original designs for the purpose of industrial application and to prevent third parties from unjustly benefiting from the goodwill attached to well-known designs. Thus, the underlying principle of design Registration is to see that the creator of a design is not deprived of his/her bonafide reward by the unscrupulous actions of others applying it to their goods.
Piracy of design is generally understood as the application and/or the imitation of a registered design on any other article of the class of goods under which the design was originally registered to commercially benefit from such a design without the consent of the registered owner of the design.
Under the Designs Act, 2000 the “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately.
Once a design is registered, it gives the legal right to bring an action against those persons (natural/legal entity) who infringe the design right, in the Court not lower than District Court to stop such exploitation and to claim any damage to which the registered proprietor is legally entitled. However, it may please be noted that if the design is not registered under the Designs Act, 2000 there will be no legal right to take any action against the infringer under the provisions of the Designs Act, 2000. The Patent Office does not become involved with any issue relating to the enforcement of right accrued by registration. Similarly The Patent Office does not involve itself with any issue relating to exploitation or commercialization of the registered design.
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