Design is defined as aesthetic aspects or outward appearance that is applied to a product. For example 2D like patterns, lines, composition, color and 3D like shape, or combination of both
A registered design acts as a monopoly for design (for example a tread pattern) when applied to an article (for example a tyre) and is granted according to the legal regulations of a country in which application of design registration is filed in. A registered design gives protection for the product's looks.
The registered design allows the owner of a design to grant access to, or exclude others from, making, selling, offering for sale or hire the design protected by the registered design. According to the Design Act, 2000 for design to be registered, it must satisfy the following conditions: it must be new and original, the design should be related features of shape, configuration, pattern or ornament applied to an article by an industrial process and the design must be visible and should appear on an article.
Design registration is a process provided only by the Registrar on the basis of facts your application.
Designs registered are protected for a period of 10 years.
In case of infringement, you can seek a legal remedy.
Provides an exclusive right over the use of the design for a period of ten years which is extended for a period of five years.
It is like an asset and can be licensed.
It is filed in professional manner to ensure that the design is protected properly.
In case of infringement of a registered design, the owner of that registered design can seek legal remedy.
Design are protected for the term 10 years.
A design shall not be registered if it
a) is not new or original or
b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date or where applicable, the priority date of the application for registration.
c) is not significantly distinguishable from, known design or combination of known designs.
d) comprises or contains scandalous or obscene matter.
Filing of design application does not guarantee its registration, as it is provided only after complete satisfaction of the Registrar.
Also the designs incorporating official symbols or emblems, maps, buildings, stamps, medals etc cannot be registered under The Designs Act, 2000.
An application for the registration of design should be submitted along with four specimen design copies.
A statement of novelty must be submitted, which states that how your design is unique.
Certified copies of the extracts from disclaimers must be submitted.
The represented design submitted should be precisely similar to the design or exact copies of the design.
No other common registration
The registration process is same as mentioned in the registration section.
As per the Design Act 2000, ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether 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 or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it.
As per the designs Act 2000, the registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in form 8 with prescribed fee to the Controller of Designs on the following grounds: • That the design has been previously registered in India or • That it has been published in India or elsewhere prior to date of registration or • The design is not new or original or • Design is not registered or • It is not a design under Clause (d) of Section 2.
The duration of the registration of a design is 10 years from the date of registration. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by prescribed fees to the Controller before the expiry of the said initial period of ten years.