With the help of the design registration process in India, many industrial designs can be registered and protected. However, the Designs Act-2000 & the companion Designs Rules 2001 govern the entire process of Design Registration.
The objective of applying for a design registration under the Designs Act to protect a new or creative design that was made & is to be correlated to a particular article in a manufacturing procedure using an industrial procedure or method is to ensure the safety of the article.
However, in this article, we will be going to discuss in-depth the process, the documents required for design Registration purposes & the various advantages of it.
What is a Design?
Design is a combination of lines or colors that are used on a good. India’s design registration is governed by the Design Rules 2001 & the Designs Act 2000.
Design refers to unique features of shape, figure, or blueprints, or composition of lines, hues, or a combination thereof, that are added to an article. It can be either 2-dimensional, 3-dimensional, or both.
The design process may be either manual, mechanical, automated, chemical, or all-inclusive. It is what makes the article appealing to the eye and can be identified by it alone.
The Design Act covers the pictorial interest of a design, but not any method of structure, mechanical device, or cultural work. The design registration can be made only for one type of article, based on the classification system in the third schedule to the Design Act.
Eventually, the design registration is acceptable for 10 years after the date of registration. It can be extended to five years upon request.
Why is a Design registration necessary?
Unique industrial designs are 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.
These are the prime justifications 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, originality, and innovation.
- All companies located in WTO member nations that have signed the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs), must comply with it.
Design Registration Eligibility Criteria for a Product
- The Design Act, of 2000 states that a design cannot have been published or used in any other country before it can be applied or registered.
- Design must include its features as well as form, arrangement pattern, composition, decoration, and decoration. The eye may not limit it.
- Furthermore, the creation or application process is irrelevant
- The design should not contain any domain marks or artistic works belonging to other companies.
Even if there are substantial differences between your design and other registered designs, it cannot be registered if it violates any of the above criteria.
What documents are expected for a design registration?
For design registration, the subsequent documents should be submitted:
- Original or certified quotes of all denials.
- All affidavits
- All declarations
- Additional civic documents can be made accessible for a fee.
The affidavit must be submitted in an accurate format. The costs of the design registration process are regulated by the controller.
- To register, a non-judicial stamp paper in the amount of Rs200 must be validated by the owners/managing partners (form-21 for advocates and agents; otherwise, a general power of attorney should be made).
- The design can be reproduced in four copies
- You must submit photographs, drawings, or tracings of your design.
- You must show the design on A4-sized paper, with proof of use.
Two segments were defined by the Design Amendment Rules of 2014:
- Individuals and
- non- Individuals.
Different fee structures will be imposed for applicants under a special category. A small business benefit allows for a lower fee to apply for design registration. The legal right of the holder of a design certificate is to prohibit others from using the design without his consent.
The holder can sue the infringer for damages if a third party uses the original design without informing him. He can be compensated for any violation of his rights to design usage.
Process of Design Registration
Down below we’ve briefed you about the complete procedure for the Design Registration.
Step 1:- Examination
The Controller of Designs refers a request for registration of a designer to an Examiner of Designs, who examines as follows:
- If the documents and application meet the formal requirements.
- If such a design applied to an article is registered, it must be registered under the Designs Act 2000 and Designs Rules 2001.
Step 2:- Formality Check
The Examiner decides whether:
- The prescribed format is required for the application
- Have you paid the prescribed fee?
- Is the name, address, and nationality of the applicant listed?
- The application form includes the address for the service.
- The application form must contain a declaration of ownership.
- Is the representation sheet following Rule 14?
- Is the power of authority filed, if applicable?
Step 3:- Substantive Examination
To determine if the design is correct, a substantive examination is performed.
- What is the Act’s definition of desirable design?
- Are you intending for something fresh or extraordinary?
- Do you intend to interfere with the public order or morality of the community?
- Do you believe this is a big issue to India’s security?
Step 4:- Concern Of the Report Of the Examiner
The Controller will consider the Examiner’s report on the eligibility of a design for registration as it applies to an article. If the latter is eligible, the registration shall be done immediately. The applicant shall receive the registration certificate as soon as possible.
- After reviewing the report, the Controller may decide that the applicant has objections or that the application needs to be amended. A statement of objection will be sent to the applicant.
- The applicant’s application will be withdrawn if he fails to respond to the objections or applies for a hearing in the three months following the date of the communication of the statement of objections.
- The duration for complaints to be removed must not surpass 6 months from the filing date. This period can be extended up to 3 months by filing Form-18 within the 6 months.
The application for design registration shall be granted if the candidate meets all requirements set out in the Act and Rules.
Step 5:- Design Registration & Publication
After registration is made, the application is usually circulated in the Patent Office Journal within 1 month.
The application number & the registration number are identical. Generally, the date of registration for a common application conforms to the filing date.
Step 6:- Register of Designs
All documented designs are included in the Register of Designs, Kolkata Patent Office. Public inspection is possible on the register. An e-register can be accessed on the IPI portal.
Read More: Validity Of Design Registration Certificate
What are the benefits of design registration?
- A well-designed article will be more attractive and sellable.
- Attractive designs can increase the product’s marketability.
- If the design is original and authentic, the owner can sue anyone who copies or imitates it.
- Design registration protects packaging or images.
- If necessary, the other party must show that the copyright is valid.
- Design registration is a great alternative to proving a copyright’s validity.
- A designer can create something original and unique for their product. This gives the product its character. Its uniqueness is rooted in the market and allows it to be unique among the other brands.
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A unique design is immediately appealing to the eye when it’s completed, however, it creates a positive impact on the market & the customers. It is necessary to safeguard your design via Design registration under Designs Act-2000 for its protection.
If you aren’t aware of the legal procedures of design registration, our Odint Consultancy’s expert will assist you with it. Just get in touch with us.
The design should be unique & should be not symmetry to other designs. A design cannot have been made public.
Initially, the registration duration for a design is 10 years from the date of its registration. However, in cases of priority claims, the registration period is ten years from the priority date.
Even if the design has been registered, the copyright to it has expired and cannot be reregistered under the Designs Act 2000.
A request to the Patent Office in Kolkata is required to determine if registration exists for a design.