Design Registration in India
The Design Registration in India is governed by THE DESIGNS ACT, 2000 and THE DESIGNS RULES, 2001.
Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye. Designs do not include any mode or principal of construction or anything which is mere mechanical device. It also does not include trademark or any artistic work.
Benefits of Design Registration
The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.
A registered proprietor of the design is entitled to a better protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license or sell his design as legal property for a consideration or royalty. Registration initially confers this right for ten years from the date of registration. If the fee for extension is not paid for the further period of registration within the period of initial registration, this right will cease. There is provision for the restoration is filed within one year from the date of cessation in the prescribed manner.
Essential requirements for registration
A design should:
- Be new or original
- Not be disclosed to the publication in tangible from or by use or in any other prior to the filing date, or where applicable, the priority date of the application for registration.
- Significantly distinguishable from known design or a combination of known designs
- Not comprise or contain scandalous or obscene matter
- Not be a mere mechanical contrivance.
- Be applied to an article and should appeal to the eye
- Not be contrary to the public order
Who can apply for registration?
Any person claiming to be the proprietor of any new or original design, not previously published in any country and which is not contrary to public order or morality, may apply for the registration of the same. An agent appointed for the same may also apply for registration on the behalf of the owner.
General Power of Attorney given to the agent duly signed by the proprietor, partner or one of the Directors of the company
Four copies of Representation of the design on A4 size paper which shall be exactly similar drawings, photographs, tracings or other representations of the design.
Documentary proof of Priority (if any) (i.e. any previous registration or application for registration)
List of countries to claim the priority, if any, where the application / applications for design has/ have been filed, along with date and application number.
- The name, address and nationality of the Applicant. If the Applicant is not a natural person the legal status and the place of incorporation
- Name of the article to which the design is to be applied.
- A brief statement of the novelty one claims for his design
- Class of the article embodying the design
- Name(s), age and address (es) and nationality (ies) of the Applicant/s whether they are partners or Directors of the firm/company.
- · Name, address, designation and nationality of the person who signs the General Power of Attorney
Outline procedure for the registration of design:
The application for Design Registration is required to be submitted at the Designs Office, Kolkata . The application received by the Branch Offices is transmitted to the Head Office for processing.
Application duly filed in on the prescribed form (Form-1) along with the prescribed fees, stating name & full address, nationality, name of the article, class number, and address for service in India is required to be submitted. The application is required to be signed either by the applicant or by his authorized agent.
Representation of the article in quadruplicate, stating the view e.g. front view, etc. is required to be submitted with prescribed application.
A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet and should be duly signed and dated.
The application is examined by the Design Office and objections, if any, are raised thereto. The certificate granting copyright in registered design is issued by the Design Office after the objections, if any, are removed to the satisfaction of the department.
The term for validity of copyright in registered Design is 10 years. The copyright may be extended for a period of 5 years from the original design is renewed after ten years from the expiration of the original period of 10 years on filing application for extension of copyright along with payment of the prescribed fees.