Various industrial designs are registered and protected through the process of Design Registration in India. The entire procedure of the Design Registration is governed under the Designs Act-2000 and the corresponding Designs Rules-2001.
1. Understanding Design Registration:
What is a Design: In legal terms, a design refers to 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.
2. Pre-application Search:
Search Existing Designs: Before applying for registration, it’s advisable to conduct a search to ensure that a similar design has not been registered already.
3. Application Filing:
Applicant Details: Provide complete details about the applicant. It could be an individual, startup, or a legal entity.
Representation of the Design: Include clear drawings or photographs of the design.
Class and Locarno Classification: Specify the class and Locarno classification of the design.
Priority Claim: If applicable, claim priority based on an earlier filing in a convention country.
Statement of Novelty: Provide a statement highlighting the novelty and originality of the design.
4. Examination:
Formal Examination:The application is examined for compliance with formal requirements.
Substantive Examination: The design is examined to ensure it’s novel and not obvious.
5. Publication:
Documents required for copyright registration in India is listed below Personal details:
Publication in the Design Journal: If the design is accepted, it’s published in the Official Designs Journal.
6. Opposition (if any):
Opposition Period: After publication, there's a window for the public to oppose the design registration.
Registration:
Registration Certificate: If there’s no opposition or if opposition is overruled, a registration certificate is issued.
Term of Registration: Design registration in India is valid for 10 years, extendable by another 5 years (in two terms of 5 years each).
Enforcement:
Enforce your Rights: If someone infringes on your registered design, you have the legal right to take action against them.
General Tips:
Consult a Professional: Consider consulting a legal professional or a patent agent who specializes in design registration to guide you through the process.
Keep Records: Maintain detailed records of the design concept, development process, and all related documents. This can be crucial in case of legal disputes.
Design Registration Requirement
Design registration is important for several reasons, especially for individuals, companies, and businesses involved in creating unique and innovative designs. Here are some key reasons why design registration is necessary:
1. Legal Protection:
Exclusive Rights: Design registration grants the owner exclusive rights to use, make, sell, and license the design for a specified period.
Prevents Imitation: It prevents others from copying or imitating the design without permission.
2. Commercial Value:
Market Advantage: Having a registered design can give a business a competitive advantage in the market, making the product more attractive to customers.
Brand Recognition: Unique and aesthetically appealing designs can become a part of a company's brand identity, increasing brand recognition.
3. Financial Benefits:
Monetary Gains: Registered designs can be commercially exploited, sold, or licensed, providing a potential source of revenue.
Asset Value: A registered design is considered an intellectual property asset, which can enhance the company's overall valuation.
4. Prevents Litigation:
Dissuades Infringement: The existence of a registered design can dissuade others from attempting to copy the design, preventing potential legal disputes.
Legal Recourse: In case of infringement, the owner can take legal action against the infringing party.
5. Global Protection:
International Recognition: Through international agreements, a design registered in one country may be eligible for protection in multiple countries, facilitating global market expansion.
6. Innovation and Creativity:
Encourages Innovation: Design registration encourages designers and businesses to invest in research, development, and innovation, knowing that their creations are legally protected.
Fosters Creativity: Knowing that their designs are protected, designers are encouraged to explore creative and innovative design solutions.
7. Consumer Trust:
Quality Assurance: A unique and well-designed product, protected by registration, can signify a certain level of quality and authenticity to consumers, building trust.
8. Long-term Protection:
Extended Protection: Design registration provides protection for a specific period (typically 10 to 15 years), allowing the owner to capitalize on the design for an extended period.
Required Documents for Design Registration
The following paperwork must be submitted to register a design:
Required Affidavits
A certified copy of the original document
Copies of the disclaimer's excerpts
Additional documents can be made available
It should be written in an appropriate format including a statement of truth
The fourth schedule, however, allows the controller to control the cost associated with design registration
A signed power of attorney provided by the owner and other partners and directors
If filed thorough agents and advocates you will have to provide Form 21
Four different copies of the design along with an image should be provided during registration
The next step is to incorporate a fact sheet containing all the priority usage and design details.
Cancelling a Registered Design
As per the Design Act of 2000 under Section 10, the applicant has the authority to revoke a registration under the following circumstances -
If the design is already prevalent
If the design registration is not unique
The design is already registered
Before the registration date, the design had already been published in another nation
Does not follow the Design Act's guidelines for what constitutes a design.
