Design Registration
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About Design Registration
The Design Rules, 2001, was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The latest development in the rules established under this Act is the introduction of a new category of an applicant that is incorporated under the identity of a small entity in addition to a natural person.
Definition of a Design
A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition or ornament of lines or colours that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a mere mechanical device.
Essentials for Design Registration
Under the Design Act, 2000 for a design to be registered and protected under the Act, the following are essential elements that need to be fulfilled:
- Original and new design. This means that it should not have been used or published previously in any country before the date of application of registration.
- The crux of the design is the features that are represented by shapes, patterns, configuration, composition or ornamentation that are applied or that apply to an article.
- The design should only be appreciated with the eyes. The method or process of creation and application is irrelevant.
- It should not include artistic works, trademarks or property marks.
- A design should be applied to an article and should appeal to the eye
- A design should not be contrary to public order or morality.
Process for Design Registration
The first thing to be noted is that the application to register a design may be applied to five different authorities:
Categories of an Applicant
As of 2014, the Design (Amendment) Rules, 2014 introduced two categories of applicants: – Natural person – Other than a natural person The importance of this classification of applicants is the different fee structures that are imposed upon the applicant depending upon the category that they fall under.
Under the category of ‘Other than a natural person’, there are two sub-categories:
- Small entity
- Others except for a small entity
The advantage received by small entities is a reduction in the fee that needs to be paid when applying to register a design. The advantage of registering a design is that the holder of the registration certificate has the legal right to stop anyone else from using the design without his permission.
Documents Required for Design Registration
The following documents are to be submitted to get design registration:
The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the controller may regulate the cost involved in design registration according to the fourth schedule.
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Design Registration FAQ's
A design is referred to shape, ornament, pattern, composition of line or colors, or any other visible aspect. A design can be two or three-dimensional.
Design registration is not mandatory, having a design registration protects the design’s uniqueness and authenticity.
A design registration bestows copyright on the design that is registered for 10 years which can be further extended by 5 years. The owner of the design has exclusive rights to use the design in the class in which it has been registered.
An application for design registration should be made as soon as possible after the design is finalized and before it is shown to others.
Application for obtaining design registration can be made by the proprietor of any design, an Assignee ( jointly or separately ), if the applicant is a non-resident Indian then his agent or representative should apply.
Yes, the ownership of design registration can be transferred by an assignment, a license agreement, or transmission.
As per the Designs Act 2000 the term “article” refers to any article of manufacture and any substance, whether artificial, or partially artificial and partially original. This also includes all components of that article capable of being finished and sold separate to each other.
The Register of Designs is a basically a document maintained by The Patent Office, Kolkata. It is a legal requirement.
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