The Design Registration is governed by THE DESIGNS ACT, 2000. The Design includes any shapes, patterns, configurations, ornamentations or composition of lines or any colors applied to any article(s), in two or three dimensional (or both) forms. It is to be noted that Designs do not include any trademark or artistic work.
Through Design registration, the owner of Design gets a monopoly over its product. The monopoly right is for a specific period where another person is being restricted to use, made and further sold the product using the same Design without taking permission from the real owner of the Design.
MEANING OF TERM “ARTICLE” UNDER THE DESIGNS ACT, 2000
Under the Designs Act, 2000 the “article” refers to any article manufacture and any substance, fully artificial, or parts and includes any part of an article capable of being made and sold separately.
Registration of Design provides the owner an exclusive right to made, produce, sell and do such other activities. Any other person cannot sell or produce the product with Design without the permission of the owner of Design.
It undoubtedly provides a better protection of his intellectual property rights. In case of any infringement, he can file a suit for infringement and claim for damages. The registration is valid for a period of 10 years from the date of registration If not further extended.
He also provides a right or more specifically, an exclusive right to further license, produce and sell his Design in the market.
WHAT ARE THE ESSENTIAL REQUIREMENTS?
A design must be new or in originally formed
It shall never be disclosed to the public through any publication prior to the date of registration
It should attractive so that it can create an image in the eye of an ordinary person
Not be contrary to any public order
WHO CAN APPLY FOR REGISTRATION OF DESIGN?
Any Proprietor/Applicant who has created a new and original design which should not be previously published anywhere can apply for registration of Design by filing an application in this regard alongwith the supporting documents. The Application for Design can also be moved through an agent who has the knowledge, on the behalf of the Proprietor/Applicant.
4 copies of representation where the Design should be clearly seen
POA in favour of Agent
Proof of Priority (if any)
Name of countries in which the claim is made
OTHER INFORMATION REQUIRED:
Name and Address of the Applicant
Proof of place of services
Name and brief of Design
Class of Article
PROCEDURE FOR THE REGISTRATION OF DESIGN:
The Application for Design registration shall be submitted with the concerned office of Design authority for further processing of the Application
The Application shall be filed in an appropriate form as may be prescribed under the Act and shall be filed with the appropriate authority with statutory fees mentioning the information as aforesaid. The Application must be signed by the Applicant before its submission.
4 copies along with the statement of the novelty of Design is required to be filed and each of which shall be filed.
If the proper officer is satisfied with the submission he will issue a certificate of registration for the Design however, he may also issue an examination report if he required some more clarity. As already discussed, the validity is of 10 years the same can also be extended on the request of the Applicant prior to the time limit as provided under the Act.
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