design registration in India

Design Registration in India - A complete guide Introduction The Designs Act, 2000 and the Design Rules, which were passed in 2001, govern the registration and protection of designs in India. The Act that was adopted in 1911 was removed and replaced with the Design Act, 2000. The Design Rules, 2001 were additionally modified by the Designs (Amendment) Rules of 2008 and the Designs (Amendment) Rules of 2014. The thorough information in this article will help you know more about Design Registration. What is a Design? The only characteristics of a shape, pattern, configuration, composition, or ornament of lines or colours that are given to any object that is two-dimensional, three-dimensional, or both by an industrial process or any method whether mechanical, manual, or chemical, separated or combined, are judged only by the sight consideration upon the principle of construction What is Design Registration? The owner and creator of a design have the sole right after registration. The registration allows the designer to use the design for ten years; after that time frame may be extended for an additional five years. The owner may consider legal support under the Design Act in the case of any violation. Important Elements for Design Registration According to the Design Act of 2000, the requirements must be fulfilled for a design to be registered and protected under the Act: New and original design. This means that before the date of the registration application, it should not have been used or published in any country. The main components of a design are the elements that are applied to a product and are represented by shapes, patterns, configurations, compositions, or ornamentation. Artistic creations, trademarks, and property marks should not be included. Your design and other designs that have previously been registered must be significantly different from one another. Designs that are similar to existing designs or that resemble them are not eligible to be registered. Documents needed to submit an application for design registration Form 1 in the format required (as in Schedule II of the Designs Rules) Representations must be prepared according to The Designs Rules 12, 13, and 14, and they must be submitted in duplicate. Original Form 21 (Power of Authority/General Power of Authority) if submitted by a patent agent or attorney (as in Schedule II) When filing a copy of a general power of authority (GPA), the applicant must include the design application number which was used to file the original GPA. Form 24 in the appropriate format (if a claim of small entity status is submitted) (as in Schedule II) In the case of Indian businesses, it must be accompanied by documentation of registration under the MSME Act, 2006. In the case of foreign businesses, this must be supported by an affidavit submitted by the applicant or an authorized signature according to Rule 42 of the Designs Rules. Original Priority document as per Rule 15 of the designs Rule. English translation of the Priority document that has been verified (if the original priority document is other than English) Reference in the original (if the applicant of priority application in a conventional country is different from the Indian applicant). Advantages of design registration Here are some clear advantages of design registration under the Design Act 2000. Legal Protection Against Design Plagiarism: This is one of the best advantages of design registration in India as it helps in registering designs so the companies can prevent others from copying, reproducing, selling, or distributing goods and services with the same design as their own. Longer Validity of design registration: A certificate of design registration is good for ten years. After this period has passed, the validity may be renewed for an additional maximum of five years. Gives A Differentiating Advantage: The design registration definitely gives a business owner a distinction. This means that with a registered design, a business entity's products have a different appearance from its competitors. Maintains Creativity: The goods with registered designs are completely original, which indicates that neither they have ever been used in India nor have they been previously published in any other country. Receives Client Reaction: Another significant advantage of registering a design is that it only appeals to the public and is only evaluated visually. Promotes Innovation: Since originality is one of the main requirements for registering a design, the product must be appealing and unique enough from competitors in order to encourage innovation and healthy competition. What is the procedure for a Design registration? The procedure for design registration in India is described below. Verify any prior registrations: The procedure for design registration first includes checking up to make sure your design hasn't already been registered. You must submit an application to the Patent Office in Kolkata for that. I it is best to register designs as soon as possible since the system is based on the first-to-file principle. Application: The procedure for design registration secondly includes the submission of an application that involves information such as your name and address, whether you are a person or a business, a description of the item and its category, your claim of uniqueness, etc. You may also be required to include drawings or photos of the content. Examining and approving: It is subsequently examined by the Patent Office. If everything is in order, it is accepted and registered, and the applicant is then given a certificate of registration. Following the design filing, the article and other bibliographic information are published in the Patent Office Journal, which is released every Friday. In the case of difficulties, the full project can take a year. Design Registration: The registered design is observed with the addition of the Patent Office's Register of Designs, which is a database kept in Kolkata. It includes the name and address of the proprietor, the design number, the category number, the date of filing (in this nation) and the reciprocity date (if any), among other information. Design Duration: The design has a 10-year term that may be extended by a further five years. Priority claim: The articles relating to the right of priority are applicable since India has ratified the Paris Convention. This claim gives you the right to submit a different application in a different nation for a similar idea or trademark that is still in use as of the date of the first application. Design infringement: In the case of a design infringement, the registered owner may take legal action to prevent exploitation and seek any appropriate compensation. For each damage, the offender is responsible for paying a fee not to exceed INR 25,000. Conclusion Owners and creators of registered designs are granted protection. The design registration allows the designer to use the design for 10 years, which may be extended for an additional five years. The owner may seek legal assistance under the Design Act in the event of any infringement.

design registration in India

Design Registration – A complete guide