‘Design’ pertains to the distinctive aspects of shape, figure, blueprints or decorations or structure of lines or shades or a combination thereof given to any 2 or 3-dimensional (or in both formats) article by any manufacturing process or mode. The process of creating the design may be manual, mechanical, automated, or chemical, separate, or all-inclusive, by which the finished article appeal to and can be recognized solely by the eye.
The procedure of Design Registration in India, governed under the Designs Act-2000 and the corresponding Designs Rules-2001, facilitates the registration and protection of various industrial designs. However, this excludes any mode or a standard or construction or anything which is in the material a mere mechanical device, any registered trademark, as defined in Section 2(v) of the Trade and Merchandise Marks Act, 1958, as well as a property mark or artistic work as defined under the Section 2(c) of the Copyright Act, 1957.
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Why is Design Registration essential?
The purpose is to safeguard a unique industrial design that points towards the formation of novel and innovative features of a product, easily identified by the distinctive shape, structure, patterns, beautification, and combination of such shapes or hues. A business entity in India can obtain an effective and well-situated legal shield to safeguard unique designs from being imitated or misused to encourage and develop creativity and originality.
Further, it is a mandatory compliance for all the companies located in the WTO Member nations who have signed the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement.
Who can apply for registration?
Any individual claiming to be the proprietor or an agent appointed on behalf of the proprietor may apply for the registration of a new or original design that has not been previously published in any country and is not contrary to public order or morality.
What Laws are pertinent for Design Registration?
In India, The Designs Act, 2000 and corresponding Designs Rules, 2001, further amended by Designs (Amendment) Rules 2008 and 2014, administer the registration and protection of industrial designs.
What Documents are required for the Design Registration Application?
- Form 1 in the prescribed format (as in Schedule-II of the Designs Rules)
- Representations prepared as prescribed under Rule 12, 13, and 14 of The Designs Rules and further should be submitted in duplicate
- Form-21(Power of authority/General Power of authority) in original (if filed through patent agent/advocates) (as in Schedule-II)
- If the applicant files a copy of the General Power of authority (GPA), it should be endorsed with the design application number with which the original GPA has been filed
- If small entity status is claimed, Form-24 in the prescribed format (as in Schedule-II)
- Accompanied with evidence of registration under MSME Act, 2006 in case of Indian entities
- Above to be accompanied with an affidavit deposed by the applicant or authorized signatory as Rule 42 of Designs Rules in case of foreign entities.
- Original Priority Document under Rule 15 of the Designs Rules
- Authenticated English translated copy of the Priority document (if the original priority document is in a language other than English)
What are the aids of Design Registration?
Legal Protection from Design Imitation
The process of design registration restricts other entities/individuals from copying, reproducing, selling, or distributing their products bearing an identical design to the original product by way of providing a legal shield.
As uniqueness is the key criteria for Design registration, the product must be alluring and unique enough from others; this promotes innovation and gives the ultimate boost to healthy competition.
Unique Selling Point
With a registered design, the products of a business entity get a distinguished character and appearance from its competitor’s designs.
The products with registered designs are globally unique, which means they are not formally published in any of the WTO member nations and are also not used by anyone in India before.
Extension of Validity
A Design registration certificate is valid for a period of 10 years, and on expiry, the validity can be further extended up to an additional 5 years.
Process & Timeline for Company Registration
Frequently Asked Questions
‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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;
“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 except stamps, labels, tokens.
Yes. 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.
Object of the this Act is to protect a new or original designs so created to be applied or applicable to particular article which are manufactured by Industrial Process or means.
Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. Thus, the important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bona fide reward by others applying it to their good.
The registration of a design confers a ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class under which it is registered
The duration of the registration of a design is initially 10 years from the date of registration, but in cases where claim to priority has been allowed the duration is 10 years from the priority date.
No. a Design Registration cannot be renewed
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