The term “design” contains only the characteristics of shape, configuration, pattern, ornament, or composition of lines, tones, and colors applied to any article, whether two-dimensional or three-dimensional, whether it is made by hand or mechanically, isolated or combined so that they appeal to and are judged by the eye alone, without any reference to any method, principle, or mode of construction.
Registration of a design in India grants the owner exclusive control over his or her product for a limited period. This includes the right to prevent others from making or using their design or copyright protection.
Intellectual property protection should be based on originality and novelty, which allows a newly created design to be applied to an article made using an industrial process but protected against piracy. Once a design is registered, the owner has exclusive use rights for ten years, which can be extended for another five years.
The Design Act, 2000 allows for the registration of a shape, configuration, pattern, ornament, or combination of lines, colors, or combinations thereof applied to any article.
Registration of a design, however, requires that it meet the following conditions:
According to Section 2(d) of the Designs Act 2001, a design is defined as a shape, pattern, configuration, composition, or ornament, whether it is two-dimensional or three-dimensional, applied mechanically or manually, by hand or by chemical means in the finished product, which are strictly measurable by the eye, but are not subject to construction or mechanical devices.
Design Registration in India protects various industrial designs. The Designs Act of 2000 and the corresponding Designs Rules of 2001 govern the entire procedure of Design Registration.
Difference between Design registration and Trademark
Important considerations during the design registration process
What is the purpose of registering a design?
A unique industrial design is characterized by its ability to be recognizable through its distinctive forms, formations, patterns, adornments, or combinations of such shapes or shades. When a design is completed, it is quite easy to see why it appeals. Exceptional designs have a positive effect on the market.
Business entities may need Design Registration for a variety of reasons:
- To protect unique designs in India from imitation and misappropriation, we need an effective and well-positioned legal shield.
- Creativity and originality should be promoted and developed.
- Businesses operating within WTO Member nations where Trade-Related Aspects of Intellectual Property Rights (TRIPS) have been negotiated are required to abide by it.
- Law Applicable to Design Registration
- The Designs Act, 2000, and the Designs Rules, 2001, which have replaced the 1911 Act, regulate the registration and protection of industrial designs in India.
- Several amendments were made to the Design Rules, 2001 by the Designs (Amendment) Rules 2008 and the Designs (Amendment) Rules 2014, as well.
The advantages of registering your designs
A registered design under the Design Act 2000 has the following advantages:
Design Registration prevents the copying, reproduction, sale, or distribution of products that bear the same design as the original. You can count on us for the best design registration services in Mumbai.
Types of applications for registration of designs
There are 2 types of Design Applications:
- Application for Ordinary Status
Priority is not claimed by an ordinary application.
- Application for reciprocity
Through a reciprocity application, the applicant claims the priority of a previous application filed in another conventional country. A petition for such a convention must be filed in India within six months after it is filed in the convention country. An extension is not permitted.
- The following are important points to remember when filing a design registration application:
Patent Forms and illustrations must be correctly completed so that a Design Registration Application can be processed efficiently. Most applications are subject to objections during the formality check stage, with 90% of applications receiving objections. Fewer objections, but more significant ones, are made during this stage. For reasons such as originality and uniqueness. Incorrectly. Filing needs to be carefully done.
The filing of replies to such formal objections is often appealed by agents or lawyers, leading to additional delays of 4-5 months. Consequently, the Design Applications require meticulous preparation of all documents required. By doing so, the time required to complete the Design Registration application will be significantly shorter.
Design Applications properly filed with the Patent Office will be registered. Just one month after applying, corresponds with the significant criteria of forgetting registration. Starting in April 2011, this measure will be implemented.