Any shape, pattern, ornament, configuration or composition of colors & lines are features of a design. A design can be two dimensional, three dimensional or both the forms. It does not consist of any trademark, property mark or artistic work. These are intellectual property rights that protects the visual presentation of the objects.
The benefits of a Design Registration are as follows;
There are certain specific features needed for the design to get registered. The minimum requirements are as follows;
A person who has an unique design to be registered or a legal representative or the assignee who is given the right/ownership of the design can individually or jointly apply for the registration of a Design. It can also be a firm, partnership and a body corporate who claims to be the owner of a design. The agent can also file an application in which PoA (Power of Attorney) is required to be filed.
The validity of the design registration is initially for ten years after which it needs to be renewed. In order to retain the rights the design is to be renewed which extends the period for more five years. The fee for extension is very important , and if you fail to pay the fee within the renewal period then the rights will be ceased. However, you still have a chance to restore your design if you file the restoration with the fee within a year from the date of cessation in the prescribed manner.
The Design acts does not permit the following elements to be registered;
Yes, in order to provide a systematic registration the Designs are categorized in separate classes. According to the Locarno Agreement, the international classification of the Industrial Designs are distributed in classes under the Design Rule 2001 & as in (Amendment) Rules 2008 . The classification of design is based upon the function of the classification of goods. The classes are further divided into sub-classes, which are majorly function oriented. There are specific cases where in the function of the article is required to be mentioned along with the name of the article in the application form which is needed for the classification.
However, there are specific grounds on which the application of cancellation is admitted;
If you are willing to register a design then, the following documents must be submitted to the Design Wing of the Patent Office;
A certificate of registration is issued to the applicant when an application for registration of a Design is in order, it is accepted and registered . However, in order to obtain the certificate a separate request needs to be made to the Controller for obtaining a certified copy of the legal proceedings.
The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright. The proprietor of a design may make application for such extension even as soon as the design is registered.
The date of registration except in case of priority is the actual date of filing of the application. In case of registration of design with priority, the date of registration is the date of making an application in the reciprocal country.
No. It is certainly not possible to register a design if the copyright of the same has expired.
To ascertain whether registration exists in respect of a design, the applicant is needed to make a request to the Patent Office. Incase an individual is aware about the serial number of the registered design then the request is to be made on Form 6, and if its not known then Form 7. The requests are made individually and applicable only for one design.
This is a case which means that an application of a design or similar design to any article and used for certain purposes without the consent of the actual owner, who is already registered is called Piracy of a design. Publishing of such articles or exposing terms for business with knowledge of the illegal and unauthorized application of the design to them certainly is involved in piracy of the design.
Incase of Piracy of a design, the person is liable for every offence to pay a hefty sum of about Rs. 25,000/- to the registered proprietor and it can extend to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. However, the total sum of the penalty shall not exceed Rs. 50,000/-as contract debt as stated under Section 22(2)(a). The suit for infringement, recovery of damage etc is not required to be filed in any court below the court of District Judge.
It is not important for the applicant to register the design, an application for registration of design can also be filed by the help of attorneys.
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