Table of Contents
- It should be novel.
- It should not have been disclosed to the public by publication or by any use in India or anywhere in the world before the filing date of the design application.
- Can be distinguishable clearly from the known designs or combination of known designs.
- Should not contain scandalous or obscene matter.
The key features are
- The design provides protection to the visual and aesthetic features of an article.
- The term design is 10+5 years in general.
- A registered proprietor can initiate a suit for infringement in cases of infringement.
- A design registration gives its registered proprietor exclusive right to apply the design to an article in the class in which the design has been registered.
- A design can be licensed and sold to any third party.
The representation of the article and particulars of the application may be published in the Official Gazette.
Documents Required for Design Registration
- A certified copy of the original or certified copies of extracts from disclaimers
- Affidavits and
- Other public documents can be made available on payment of a fee