Design registration is done for protecting a newly created design from counterfeiting which is applied to an article under an industrial process.
- By registering the design the creator gets the exclusive rights to use the design for the period of 10 years.
- The time can also be extended for 5 years.
What all in a design can be registered?
- The shape, configuration, composition of lines.
- Pattern or ornament and colors or color combinations applied to any article can be registered under Design Act,2000.
Conditions required for the design to get registered :-
- The design should be new and original.
- The design must be visible and should appear in article.
- The design must be applied to any article by an industrial process.
- The design should relate to configuration, pattern applied to an article.
A design is not registrable if it :
- Does not have individual character.
- Is offensive.
- Is solely dictated by the product’s function.
Benefits of Design Registration
A registered proprietor of the design is entitled to a better protection of his intellectual property.
- He can sue for infringement, if his right is infringed by any person .
- He can license or sell his design as legal property for a consideration or royalty.
- There is provision for the restoration is filed within one year from the date of cessation in the prescribed manner.
A design application may be filed in India in the form of an ordinary application or a convention application within 6 months of the priority date. It is possible to register a new or original design in India and original means originating from the author of such design and includes the cases which though old in themselves yet are new in their application.
Definition of Design
The Design Law in India is governed by the Designs Act, 2000.
A design is defined under Section 2(d) of the Designs Act 2001. The design can be defined as per the act provides that a design means only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or both forms, by any industrial process or means, whether manual, mechanical or chemical means.
Documents Required for Design Registration
Essential documents to get design registration :
- A certified copy of the original or certified copies of extracts from the disclaimer.
- Other public documents can be made available on payment of a fee.
Design registration process
The application for Design registration must be filed with Form 1 along with the following details :
- Nationality of the applicant
- Filing Requirements:
- Design Application
- Name, address and nationality of the Applicant;
- Name of the article in respect of which the design is to be applied;
- International Class as per Locarno Classification;
- Statement of Novelty stating the features in which novelty is claimed;
- Different views of the article (such as front, back, side, top, bottom, perspective etc.);
- Priority application number, country and date, if any;
- Power of Attorney (may be filed within 2 months at no extra costs);
- Certified copy of priority documents, if any (with English translation), (may be filed within 3 months; no extra costs.
In case the applicant is not a natural person, i.e., a company, then information regarding the legal status must be in
- The name of the article to which the design is applied
- Registration of the design. In the case where the design is two-dimensional, two copies must be submitted. (The applicant must highlight the unique features of the design)
- Suppose the application mentions registering the design in more than one class, then each class of Registration must have a separate application.
- A disclaimer or novelty statement should be attached to each representation concerning the mechanical processes, trademark number, letters.
- The applicant or authorized person must endorse and duly sign each representation.
- Once the application’s submission is made, the patent office will examine the application, and objections will be raised, if any.
- Once all the objections are removed, the design shall be granted a Copyright certificate by the patent office.