Designs Registration

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 colors 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, Design registration offers a shield for your unique design, classifying it as intellectual property and ensuring it’s safe from imitation. It grants the creator exclusive rights to use the design for a decade, possibly extending it for an additional five years.

Design Registration - Governing Law

The Designs Act, 2000, governs design registration and protection in India, and the subsequent Design Rules were introduced in 2001. The introduction of the Designs Act in 2000 served to repeal and supplant the earlier Act from 1911.

The Design Rules of 2001 have undergone amendments, with significant changes made by the Designs (Amendment) Rules in 2008 and 2014. A noteworthy update in the rules under this Act has been the addition of a new applicant category. This n

Advantages of Design Registration in India

Exclusive rights over the new and original design
An asset of the proprietor/owner
Can initiate a legal proceeding in case of infringement by a third-party
Serve as a prima facie evidence in an infringement suit
Right to sell, transfer and license the design with ease

Basic Requirements of Design Registration

Innovation Element- The design should possess a fresh and unique aspect. Only designs with this innovative trait are eligible for registration. Furthermore, combinations of existing designs can be considered, but only if the result presents a distinct visual appeal.

Originality and Non-disclosur- The design must be one-of-a-kind and not previously exposed to the public, either within India or internationally. This means it shouldn’t have been previously published, used, or disclosed in any manner.

Application to an Object- The design must be attached or applicable to a specific product or object. A standalone design, without relevance to an item, cannot be registered.

Alignment with Public Values and National Security:- The design should not be in conflict with public morals, sentiments, or the security of India. Designs deemed inappropriate by the government or other authoritative bodies won’t qualify for registration. It’s essential that the design can be registered under section 5 of the Design Act, 2000.

It’s important to ensure these criteria are met when seeking registration under the English language provisions of the Design Act, 2000.

Exclusions from Design Registration:- Design registration has certain exclusions and does not encompass everything. The following are explicitly excluded from the purview of design registration:

Literary or Artistic Work: Unlike copyright protection, design registration doesn’t cover literary or artistic creations such as books, calendars, stamps, and tokens.
Buildings and Structures: Architectural works, including buildings and other structures, are not eligible for design registration.
Geographical Representations: Maps are excluded from the scope of design registration.
National Symbols: Designs that imitate or resemble national flags, emblems, or official signs of any country are not allowed for registration.

Who can Apply for Design Registration?

The following type of Persons can apply for Design Registration:

Applicants: Individuals, their legal representatives, or assignees can apply either individually or jointly for design registration.
Definition of Person: The term “person” encompasses a variety of entities, including firms, partnerships, small entities, and corporate bodies.
Non-Resident Indians (NRIs): For NRIs, the application for Design Registration should be made through their agent or legal representative.
All provisions should be understood and complied with as per the English language stipulations for the Design Registration process.

Documents Required for Design Registration in India:

Applicant’s Details: Name and complete address of the applicant.
Applicant’s Nature/Status: Clear indication of the legal status of the applicant, specifying whether the applicant is an individual, a company, etc.
Startup Certificate (if applicable): Startups must provide a registration certificate.
Description of the Article: A detailed description of the ‘article’ to which the design pertains, accompanied by its classification according to the prescribed categories.
Visual Representation: A minimum of four visuals (images or drawings) showing the article from all angles should be included with the application.

Procedure for Design Registration in India

Design Search

Start by conducting a comprehensive search of existing designs to confirm the novelty and uniqueness of your design. This helps in evading possible infringement complications.

Application Preparation and Filing

The application for design registration will be drafted and filed, incorporating all requisite documents as mentioned above.

Application Examination

Post-submission, the Indian Design Office will scrutinize your application, ensuring it adheres to all mandatory stipulations.

Official Gazette Publication

Upon acceptance of your application, the design is published in the official gazette. This publication offers the general public an opportunity to voice any objections concerning the proposed design registration.

Registration Approval

If no objections arise, or if raised objections are successfully addressed, the Indian Design Office will bestow the design registration. A certificate confirming the registration will be provided, holding validity for a decade.

Registration Renewal

Following the initial tenure of 10 years, the design registration can be extended for an additional five years.

FAQs

What is design registration?

Design registration protects the unique visual appearance of products, granting exclusive rights to the creator for 10 years, extendable by 5 more years.

What law governs design registration in India?

The Designs Act, 2000, and the subsequent Design Rules, 2001, along with amendments in 2008 and 2014, govern design registration in India.

How is a 'design' defined under the Designs Act, 2001?

A ‘design’ under this act includes the shape, pattern, configuration, or ornamentation that gives a product its unique appearance and visual appeal.

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