The Design law Act, 2000 Contains the provisions regarding the industrial design Registration Process in India. and also tells about the Colour, Shape, Continues, Structure, and Material Registration Services, that the particular design should possess.
What is a design Law?
According to the Industrial Design law, a design is a two or three-dimensional appearance of a whole product or a part of the product. A design is made up of features such as lines, Contours, Colors, Shape, Surface Structure, and Material registration of the product which makes it more attractive & distinguishable from the product of it’s competitors.
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 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 any mode or principle of construction or anything which is in substance a merely mechanical device.
What are the Essential requirements for the registration of design under the Designs Act, 2000?
- The design should be new or original, not previously published or used in any country before the date of application for registration.
- The pattern of the design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
- The design should be applied or applicable to any article by any industrial process.
- The features of the designs in the finished article should appeal to and are judged solely by the eye.
- The design should not include any trademark or property mark or artistic works.
- The Design should be significantly distinguishable from a known design or a combination of known designs.
What is the process for the registration of Designs?
Here’s the process for the Registration of industrial design in India.
Check for previous registration:
Check if you have registered your design in the past. For that purpose, you have to file an application to the Patent Office. It is wise of you to register designs as soon as possible because the system works on the basis of the first-to-file rule.
- 1. Application
Write an application and provide information like Name and address. whether you are a Company or an individual, details related to the article and its class, etc.
- Scrutiny And Approval
The Patent Office later examines it. If it is all together,
it gets approved and registered and a later certificate of registration is issued to the applicant.
- Registration Of Design
Once your design is registered it makes an entry into the Register of Designs. It’s a document that the Patent office maintains. It consists of the design number, date of filling, class number, address, and name of the proprietor.
What is the duration of the Design?
Design Registration lasts up to 10 years which can be extended for five years.
How Much Penalty will be attracted for Piracy of Registered Design?
25,000/- to the registered proprietor subject to a limit of Rs. 50,000/- recoverable as agreement obligation in regard to anyone plan.
LEGALLANDS offers the following services in design search, registration, infringement, and litigation!
- Filing and prosecuting applications for registration of Designs
- Searches locally and internationally
- Infringement and validity opinions
- Litigation: cancellation proceedings, appeals, civil suits for infringement
- Journal watch services
- Post Registration Services
- Assignment and Licensing
- Portfolio Management