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Meaning and Content
Designs play a real life role in the modern world. Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours 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 it does not include a lot of things which are covered under the Trademarks Act and Copyright Act. India recently amended its Designs Act. Of course the compelling reason to do this was the obligations under the TRIPS.
New or Original Designs
A design to be registrable must be new or original. Original means originating from the author of the design. New applications of old designs are registrable. Designs which are not new or original or disclosed to the public anywhere in India or in any other country or not significantly distinguishable from known designs or combinations of known designs or comprising scandalous or obscene matter are not registrable.
Design Registration System
Most countries provide for national design laws providing for a system to administer the registered designs. The process typically involves filing applications for registration of designs in the prescribed format, removing the objections, if any, by the Design Examiner and getting the design granted. In Indian Legal Consultants, we not only deal with each and every aspect concerning Designs Registration Process in India but also provide complete assurance as far as Designs Registration is concerned.
Basics of Designs
Designs Prosecution in India
Any person who claims to be the proprietor of any new or original design not previously published in any country can apply for registration of design in India. In case of a design claiming priority, the Applicant must be a person/entity who has applied for protection for any design in any other convention countries or group of countries or countries, which are members of inter-governmental organizations or his legal representatives, alone or jointly with any other person. The Indian Design Laws provide for 6 months priority from the date of the earliest application. Thus we help our clients to get through all the impediments and technicalities pertaining Design Filing, Design Prosecution, Design Registration etc.
The application for a design should be in the manner prescribed under the Designs Act, 2000 and the Designs Rules, 2001. A Design application has to be filed in the form prescribed under the Designs Rules along with the requisite official fee. In preparing the Design specification, it to be ensured that the various claims regarding the Design in its entirety with all itâï¿½ï¿½ modification have been covered. It has to be filed in the prescribed form and the official fee is to be paid. Separate application needs to be filed for each design. The same design can be registered in more than one class. The Schedule annexed to the Design Rules Provides for the classes in which the application for design can be filed. This Schedule follows the Locarno Classification.
The date of registration of design will be the same as the date of the application for registration.
Upon filing the application for design, the Controller of Patents and Design will refer the matter to the Examiner of Designs. The Examiner will verify whether the application conforms to the formal and substantive requirements as legally prescribed.
After acceptance of the application, the Design Office will proceed to grant registration.
Term Of Design
The term of registration is for 15 years. The registration is valid for an initial term of 10 years and by renewal this term could be extended for another 5 years.
The Patents & Designs Office issues an official filing receipt as soon as the application has been filed. Thereafter the Patents & Designs Office issues the First Office Action which may contain formal and/or substantive objections in respect of the application for registration.
A design registration can be obtained within a period of 12 (Twelve) months.
Designs Filing in India
Design Registration in India is governed by the Designs Act, 2000 and the Designs Rules, 2001. To prepare and file a Design Application in India, the following information/documents are required:
The Details of the Applicant
The name, address and nationality of the Applicant. If the Applicant is not a natural person the legal status and the place of incorporation.
The Details of the Design :
Representations illustrating the views of the article wherein the originality resides. The representations can be in the form of photographs or drawing figures (the Designs Office prefers photographs) showing the perspective, front, rear, top, bottom and side views of the article (4 copies of each view)
Priority Claim details [if applicable]
If the design application claims priority from a corresponding application(s), the following particulars are required :
Power of Attorney
The duly stamped Power of Attorney in the prescribed form must be submitted. It could be filed subsequent to the filing of the application.
We provide all-inclusive Industrial Design Registration Services throughout the India.