The rate of success of a product not only depends on the product, but is also largely dependent on its design. The importance to design of a product should always be given high priority. A unique design always creates a positive impression and help in communicating the main purpose of the product in the market and ultimately to the final consumer. Most of the companies spend a large chunk of money to create a unique and effective design which stands out different in the market.
Many large companies like Mercedes, Samsung, Apple etc. Knows the importance of designs which defines their success story. Since these companies put a lot of hard work in creating the design of their brand, hence it is obvious that they would like to protect the rights of their design from being copied or stolen by any third party. However, if such design is not registered, then the creator of such design would be left with no rights.
The design of any product or article can be protected and registered under the Designs Act, 2000 and Designs Rules, 2001 which were further amended by Designs (Amendment) Rules, 2008 and Designs (Amendment) Rules, 2014 respectively.
Under Section 2(d) of the Designs Act, 2000, “design”means only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, 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 of construction or anything which is in substance a mere mechanical device. Further, it does not include any trademark, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
In simple words,Design means a special or different way of creating something which may include a product, product packaging or color of the product etc. Design is interpreted as a maker’s imagination to make something which is unique and completely different from others. As every person has a different perspective and imagination of things, it is important that it is protected as per the law.
Who can apply for Design Registration?
Any individual, owner of the design, proprietor etc. is eligible to apply for registration of design. However, the design must be original and must not have been published previously anywhere in the word and is not contrary to any specific law or legislation of the country. As per Section 2(j) of the Designs Act, 2000, proprietor means:
Author of the design
Who acquires the design for a valid consideration
Any individual to whom the design has been devolved by the original titleholder
Important Requirements for Design Registration
A Design Registration will be considered for registration only if the following requirements are fulfilled:
The design must be new or original
The design must not have been disclosed to the public in India or anywhere else by way of use or prior publication or in any other way
For registration of design, it must be significantly distinguishable from known designs or combination of known designs
The design must not include any controversial or obscene matter
It must not include such facts or features which are purely functional
The design must also not include any trademark or artistic work or property mark as under Copyright Act.
Documents Requirement for Design Registration in India
The following details are mandatorily required for registration of Design in India:
Full name and address of the applicant
Type of applicant i.e whether the applicant is an individual, partnership, corporate etc.
Start-up Certificate from the Government, in case the applicant claims to be a start up.
Description of the “article” along with the type of class
Drawings/Images of the article
Any other declarations or affidavits
Procedure of Design Registration in India
Chapter 2 of the Design Act is mainly responsible for providing step by step process for design registration in India:
Step 1: File an application for registration of design by providing complete and correct information in the Patent Office in the prescribed form along with the fee. In the application form, the class in which the design is to be registered must be mentioned and the “article” to which it have to be applied.
Step 2: Drawings/Images of the “article” has to be attached in the application form. Please note that the image must be clear, must be on a contrasting background and shot from all the angles like front, rear, top and bottom. No part of the article must be missing
Step 3: As soon as the application is filed, it will now be examined and verified by the Controller of Design who will have a detailed evaluation of the application.
Step 4: In case any objection is found by the Examiner, the applicant will directed to make necessary required changes to register the design. Meanwhile, the applicant will also be given a reasonable opportunity to file its written response on the objections raised. In case the examiner is still not convinced about the design, it will reject the design during hearing.
Step 5: If the design is accepted by the Examiner, it will then be published in the Official Gazette Once your design is registered, it will remain valid for 10 years from the date of application which can be further renewed for another 5 years.
Design is one of the categories of IPR where the design system focuses on the aesthetic feature of an article derived from its visual appearance. Relevant aspects are the shape, configuration, surface pattern, the colour or line or a combination thereof as applied to an article which produces an aesthetic impression on the sense of sight.
Design, if registered gives a competitive edge to the organization and in such field in which it operates. Registering a design in India is fast and cost effective. To protect your design from getting infringed, do contact Legal Window now to get it registered.
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LegalWindow.in is a professional technology driven platform of multidisciplined experts like CA/CS/Lawyers spanning with an aim to provide concrete solution to individuals, start-ups and other business organisation by maximising their growth at an affordable cost.