Why Design Registration ?
Design registration can be used to protect original shapes, patterns, ornaments, and composition of colours and lines applied to any article by an industrial process.
Design registration is a type of intellectual property protection, under which newly created designs applying to a articles created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.
Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.
Important Aspects
PROTECTION
List of all registered designs are maintained and published by the Patent Office to put competitors on notice about registration of a design and also to prevent counterfeiting. In case of infringement or any piracy of a registered design, the owner of the registered design can seek legal remedy under the Designs Act.
GOVERNMENT PROCESS
Design registration application does not guarantee registration of the design. Design registration is a process & registration is provided only by the Registrar based on the facts and premises of each case. Hence, our professionals make best efforts for filing of design registration application based on experience and expertise.
VALIDITY
Designs registered under the Designs Act are protected for a period of ten years, renewable by another 5 years. However, design registration mainly applies only to designs applied by an industrial process on any article. Hence, items that are covered under the Trademark Act or Copyright Act cannot be registered as a design.
Procedure for Design Registration :
- Preparing And Filing Design Application At The Controller Of Designs, At Kolkatta
- Overcome The Objections Raised By The Controller Of Designs
- Attending To Hearing At The Designs Office, Kolkatta.
- Obtaining Design Registration Certificate.
Frequently Asked Questions
Design means only the features of shape, configuration, pattern or ornament or composition of lines or color or combination applied to any article whether two dimensional or three dimensional or both by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device.