Registration of Designs the Designs Act, 2000, went into effect on May 11, 2001, and the Designs Rules, 2001, govern design registration in India.
The Act states that design registration protects the shape, pattern, configuration, ornamentation, or composition of some lines or colours applied to articles.
Because a design registration seeks to protect only the design's visual appeal, it excludes any scope or feature that is a mode of construction or a mere mechanical device,
as well as any artistic work protected by the Copyright Act or any trademark protected by the Trademarks Act.
Furthermore, each design registration is directed toward a single class of articles, the type of which is determined by a classification system specified in the Designs Act's third schedule.
The International Classification system serves as the foundation for the classification system.
A design registration typically lasts ten years from the date of registration and can be extended for another five years on request.
The date of registration is the same as the date of application for registration unless the application also claims priority from an earlier application filed in a convention country.
The registration date is the same as the priority application filing date.
Design registration applications must be filed with the Office of the Controller General of Patents, Designs, and Trade Marks, which is part of the Ministry of Commerce and Industry's Department of Industrial Policy and Promotion.
This office investigates the application and grants registration if it meets all formal and substantive requirements specified in the Designs Act.
The applicant is given ample opportunity, including a hearing, to amend the application within the time limits set for confirmation of the registration requirements.
What is the Purpose of Design Registration?
By complying with the Designs Act 2000, at the Office of the Controller General of Patents, Designs, and Trademarks, design registration protects the product from counterfeiting.
According to the Act, a product's design can be registered if it has a new shape, configuration, pattern, line composition, ornament, or a specific combination.
A design must be new and original and must have been created through an industrial process to be registered.
The primary goal of registration is to grant the owner of the design exclusive rights to exploit and commercialise the design.
Because simply applying does not guarantee design registration, the registrar considers several factors before granting it.
As a result, it is recommended to seek professional assistance in the process of applying for design registration, as the experts will ensure that the application is properly drafted.
Because the status of your application must be checked regularly, professional assistance from Enterslice can also meet your needs.
What are the Design Registration Criteria?
The design must be registered and protected under the Design Act of 2000 and must meet the following requirements:
1. This specifies that the design must not have been previously used or published in any country before the date of application or design registration.
2. The features represented by the shapes, configuration, patterns, composition, or ornamentation that apply to an article are at the heart of the design.
3. The designs must be appreciated by more than just the eyes.
4. The method or process of creation and application is completely irrelevant.
5. It should not include artistic works, intellectual property, or trademarks.
6. Your design must differ significantly from the other designs that have already been registered.
7. Alike or similar designs, even if slightly different, do not qualify for registration.
The following documents must be submitted with the application in Form-1:
1. Applicant's Nationality
a) The applicant is not a natural person.
A company, for example, must include information about its place of incorporation as well as its legal status.
b) The necessary application fee
The Locarno Classification class and sub-class of the article embody the design.
The title of the item to which the design applies.
2. Two copies of the plan must be submitted if the design is two-dimensional.
3. Furthermore, the applicant must highlight the design's distinguishing features that set it apart from other existing models.
4. If an application is made to register the design in more than one class, each level of registration must have its application.
5. A disclaimer or novelty statement must be attached to each representation of mechanical processes, numbers, trademarks, letters, and so on.
6. It must also be endorsed, signed, and dated by the applicant or an authorised person on behalf of the applicant on each representation.
7. Following the submission of the application, the patent office examines it and, if necessary, raises objections.
8. The patent office must grant the design a copyright certificate once all objections have been resolved.
9. The registration of a design is valid for ten years from the date of registration.
10. The registration period can be extended for another five years before the initial ten-year period expires by submitting an application via Form-3 and paying a fee of Rs. 2000.
Documents for Design Registration
Design Registration Form 1 documents in the prescribed format (as in Schedule II of the Designs Rules)
1. Representations must be prepared following Rules 12, 13, and 14 of The Designs Rules and submitted in duplicate.
2. Original Form-21 (Power of Authority/General Power of Authority) (if filed through patent agent/advocates) (as in Schedule-II)
3. If the applicant files a copy of the General Power of Authority (GPA), it must be endorsed with the design application number that was used to file the original GPA.
4. Form 24 in the prescribed format (if claiming small entity status) (as in Schedule II)
5. In the case of Indian entities, it should be accompanied by proof of registration under the MSME Act, 2006.
6. In the case of foreign entities, this should be accompanied by an affidavit deposed by the applicant or an authorised signatory, as per Rule 42 of the Designs Rules.
7. Original Priority document under The Designs Rules Rule 15
8. The Priority document has been authenticated and translated into English (if the original priority document is other than English) original task (if the applicant of priority application in the convention country is different from the Indian applicant).
Applicant Types for Design Registration
The 2014 Design (Amendment) Rules established two types of applicants:
1. Other than a natural person; and Natural Person.
2. The classification of applicants is important because different fee structures are imposed on them depending on which category they fall into.
There are two sub-categories under the specified category of 'Other than a natural person:
Others, except a minor entity
Small businesses benefit from a reduction in the fee that must be paid when applying for design registration.
The primary benefit of a registered design is that the holder of the registration certificate has the legal right to prohibit anyone else from using the design without his permission.
If a third party uses the design without knowing who owns the certificate, the certificate holder may sue for damages in a court of law.
This allows him to seek restitution from the person who infringed on his design usage rights.
What Are the Different Aspects of Design Registration?
The following aspects of registration design have been listed:
1. Prepare Your Documents Professionally
It is critical to file for Design Registration professionally because this is the only way to ensure that the design is properly protected.
You can accomplish this by enlisting the assistance of Enterslice professionals.
The professionals will assist in the registration of designs by filling out a professional application and addressing all aspects of the Design Act.
2. The Political Process
Design registration is a complex process that the registrar typically handles.
The registrar investigates all cases' facts and premises.
As a result, filing for the design registration form is simple with professional assistance.
The professionals' knowledge, expertise, and experience make the registration process simple.
After applying for design registration, it is necessary to keep track of the application's status.
A design registration form usually requires a quick response or action from the applicant.
Following that, the patent office compiles a list of all registered designs.
The primary goal of the list is to make competitors aware of a design's registration and to prevent counterfeiting.
In the event of an imitation, the registered design owner has full legal recourse under the Design Act.
5. Protection Term
The Design Act legally protects all registered designs for ten years, which is renewable for another five years.
What Are the Advantages of a Design Registration?
The following are the advantages of design registration:
1. A well-designed article or ornament is both attractive and appealing.
2. As a result, it increases the product's commercial value while also increasing its marketability.
3. When a design is protected, the author has the right to sue the person or business that copied or imitated it.
4. This ensures that the product's design is authentic and original and that the owner's rights are protected.
5. The image or diagrammatic representation of products or packaging is protected by registration design.
6. Many businesses rely on copyright and ensure that they are properly protected.
7. In the event of a dispute, the party contesting the validity of the copyright must prove it.
8. As a result, a design registration is an ideal alternative for proving the validity of the rights.
9. When a designer adds something unique and creative to a product, it gives the design a distinct personality.
10. The uniqueness of its approach in the market helps it carve out its niche among all the existing products.
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The following criteria must be met for a design to be registered:
- It should be new or unique.
- Must not be disclosed to the publication in any form, intangible or otherwise, before the filing date, where applicable, the priority date of the registration application.
- It should be noticeably different from a known design or a combination of known designs.
- There must be no inappropriate or obscene material.
- It must not be a mechanical device.
- It will be applied to an article and should be visually appealing.
- Not violate public order.
The following information is required to register a design:
- The applicant's name and address, as well as nationality.
If the applicant is not a natural person, state their legal status and place of incorporation.
- The item for which the design is registered.
- An overview of the statement of the design's claimed novelty.
- The design class of the article.
- The applicant's name, age, address, nationality, and whether they are partners or directors of the company.
- The person is signing the general power of attorney's address, name, designation, and nationality.
A design is any physical aspect of a product or article that can be seen with the eyes, such as its shape, ornament, pattern, composition of lines, or colour.
It excludes any method or principles used to create the design.
Designs can be two-dimensional or three-dimensional.
To be eligible for design registration, the design must meet the following criteria.
- It must be original, novel, and one-of-a-kind.
- It should not be controversial or offensive to public order.
- It must not have been revealed to the public or published anywhere.
- It only applies to physical characteristics and excludes procedural or mechanical elements.
While design registration is not required, it is recommended because it protects the design's uniqueness and originality.
When a design is registered, copyright is granted to the registered design for ten years (extendable by five years).
The proprietor obtains exclusive rights to use the design in the class in which it has been registered as a result of this.
Section 10 of the Design Act of 2000 states that if it meets the following conditions:
- The design is not unique, and if similar designs exist on the market.
- The design has previously been registered in India or by another person.
- The design was published in another country before the registration date.
- Does not meet the design characteristics outlined in the Design Act of 2000.
To obtain exclusive rights over a design, one should file for design registration as soon as possible.
This is because the person who registers for registration first receives exclusive rights to the design.
Unlike copyright, design registration does not protect literary or artistic works such as books, calendars, stamps, tokens, buildings, structures, and maps.
Furthermore, applications for designs that are similar to national flags, emblems, or signs of any country are not permitted.
An application must be made to the Patent Office's Design Wing using Form No. 6 (if the registration number is known) or Form No. 7. (using a representation of the design).
The following individuals are eligible to apply for design registration:
- The owner of any design.
- A delegate (either jointly or separately).
- In the case of a non-resident alien, his agent or legal representative.