Design registration is a type of intellectual property protection. This registration is done to protect the shape, features, patterns, ornaments or composition of lines or Color or combination used in an article under the DESIGN ACT 2000, to promote creativity and protection.
The registration gives authority to the creator to use the design for a period of ten years, the time period can be extended for five more years. In case of any infringement, the owner can seek legal help under the design act. Designs incorporating official symbol or emblems, maps, building, stamps, medals etc. cannot be registered under the Design act, 2000.
Design registration in India is valid for a period of 10 year and can be extended for further term of 5 year with the payment of the necessary fees. The design will lapse if the extension is not done in time, but can be restored in the manner.
The application for restoration is to be made within one year from the date of the design vis form 4, only in the case of non-payment of the extension fees. Once the application for restoration Is approved, the necessary extension fees are to be paid.
- Design must be new and original
- Design must be visible
- Design should relate to the feature of shape, pattern, configuration or ornaments applied to an article
- Not contrary to public order or morality,
- Should not be published in any country.
- A certified copy of the original or certified copies of extracts from disclaimers.
- Affidavit
- Declaration
- Other public documents can be made available on payment of a fee.
Make sure to keep the affidavit in paragraph form and should consist of declaration of truth and verifiability. As per the fourth schedule, controller regulates the cost involved in the design registration process.
A registration procedure of design registration filing of design application can be done from any one of the patent offices like Delhi, Mumbai, Chennai and Kolkata being the head office.
- File an application to the patent office
- Numbering and dating of an application
- If no objection
- Acceptance
- Notification in the official journal
- Issue of certificate
- If objection raised
- Hearing in person of objection is contested
- Waving/ removal of objection and then accepted, notification in the office journal and acceptance.
- If it is refused then an appeal in the high court is made.
- In case of allowance of appeal notification in the office journal and acceptance.
In case of any infringement proprietor has the authority to take legal action to stop exploitation and to claim any damage. The law breaker is bound to pay Rs 25000 for any damage caused by him or her
Recognizing the importance of design registration emphasize the significance of securing legal ownership over innovative designs. Some advantage that an owner can avail of after completing the design registration process in India.
- Exclusive rights over the new and original design
- An assets of the proprietor
- Can initiate a legal proceeding in case of infringement by a third-party
- Serve as prima facie evidence in an infringement suit
- Right to sell, transfer and license the design with ease
- Any person or the legal representative or the assignee can apply separately or jointly for the registration.
- The term “person” includes firm, partnership, small entity and a body corporate.
- In the case of an NRI his agent or legal representative needs to initiate the design registration process in India.
When a design is registered, copyright is bestowed upon the registered design for a period of 10 year {extendable by 5 years}. The proprietor enjoys an exclusive right over the use of the design in the class in which its registered.
Unlike copyright protection, the registration for design in India doesn’t protect any literary or artistic work like books, calendars, stamps, token, building, structure and maps. An application cannot be made for design similar to the national flags, emblems or sign of any country
- Form-1 in the prescribed format [as in Schedule-II of the Designs (Amendment) Rules,2021] along with prescribed fees (as per Schedule I).
- Representation sheets should be prepared as prescribed under Rule 12, 13 and 14 of the Designs Rules, 2001.
- 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 copy of General Power of Authority (GPA), it should be endorsed with the design application number, with which the original GPA has been filed.
- Form-24 in prescribed format [if applicant (or one of the applicants) is a
Small Entity or a Start-up] (as in Schedule-II):
- It should be accompanied with documentary evidence in respect of registration under MSME Act, 2006 or in respect of recognition as a Start-up (as the case may be) in case of Indian entities.
- It should be accompanied with affidavit deposed by the applicant or authorized signatory as prescribed under Rule 42 of the Designs Rules in case of foreign entities.
- Original certified copy of priority document as prescribed under Rule 15 of
the Designs Rules (in case of applications filed in India through reciprocal
arrangement under Section 44 of the Designs Act, 2000).
However, instead of submitting certified copy of priority document in paper format, the applicant may provide the WIPO-DAS Code during filing of design application. - Authenticated English translated copy of the priority document (if original priority document is in language other than English)
- Authenticated English translated copy of the priority document (if original priority document is in language other than English).
- Assignment document in original (if the applicant of first/priority application in convention country is different from that of Indian application).
Application for registration of design: -
CANCELLATION OF DESIGN REGISTRATION: -
- The design is unoriginal and if similar design already exist.
- The design has already been registered in India.
- The design has already been published in another country prior to the date of registration
- Does not comply with the characteristics of a design as mentioned under the design act.
Q. What is design registration?
Design is a combination of lines or colors that are used on a good. India design registration is governed by the design rules 2001 & the design act 2000.
Q. Why is a design registration necessary?
- Unique industrial design is characterized by the creation of novel features in a product. These unique features can be identified by their distinctive form, Formation, Pattern, beauty and combination of these shapes or shades.
- A unique design is immediately appealing to the eye when it’s completed. It has a favorable influence on the market.
Q. What is the prime justification and why a firm entity should have a design registration?
- To ensure that unique designs are protected from being copied or misappropriated by Indian law enforcement.
- To encourage & maintain creativeness, originally and innovation.
- All companies located in WTO member nations that have signed the trade- related aspect of intellectual property rights agreement (TRIPs) must comply with it.
Q. What is design under the design act 2000?
- Design means only the features of shapes, configuration, pattern or ornament or composition of lines or color or combination thereof applied to any article whether two dimensional or three dimensional, by any industrial process, whether manual, mechanical, separate, which In the finished article appeal to and are judged solely by the eye.
Q. what is meant by article under the designs act, 2000?
- Under the design act, 2000 the article means any article of manufacture and any substance, artificial, or partly artificial and party natural, includes any part of an article capable of being made and sold separately.
Q. what is the object of registration of design?
- Object of the design act is to protect new or original design so created to be applied. application to particular article to be manufacturing by industrial process, sometimes purchase of article for use is influenced not only by their practical efficiency but also by their appearance.
Q. when does the applicant for registration of design det the registration certificate?
- When an application for registration of a design is in order, it is accepted and registration and then a certificate of registration is issued to the applicant. A separate request should be made to the controller for obtaining a certified for obtaining a certified copy of the certificate for legal proceeding with requisite fee.
Q. what is register of design?
- The register of design is a document maintained by the patent office, Kolkata as a statutory requirement. It contains the design number, class number, date of filling and reciprocity date. Name and address of proprietor and such other matter as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee & extract from register may be obtained on request with the prescribed fee.
Q. Can stamps, labels, tokens, cards be considered an article for the purpose of registration of design?
- No. because once the alleged design- ornamentation is removed only a piece of paper, material remains and the article referred cases to exist. An article must have its existence independent of the design applied to it. So, the design as applied to an article should be integral with the article itself.
Q. what is the effect of registration od design?
- The registration of design confers upon the registered proprietor “copyright” in the design for the period of registration “copyright” means the exclusive right to apply a design belonging to the class in which is registered.
Q. what is the duration of the registration of a design? can it be extended?
- The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to propriety has been allowed the duration is ten years from the priority date.
Q. what is the date of registration?
- The date of registration except in case of priority is the actual date of filling of the application, in case of registration design with priority the date of registration is the sate of making an application in the reciprocal country.
Q. s it possible to re-register a design in respect of which copyright has expired?
- No. a registered design, the copyright of which has expired cannot be re- registered.
