Design refers to aesthetic features of shape, pattern, configuration, ornament, and composition of lines or colors applied to an article in two dimensional or three-dimensional forms by an industrial process or any mechanical process or both. As per the Indian Design Act, 2000 the term of design is 10 years from the date of its registration which can be renewed for 5 more years.
The criteria for Registration of a design are
- 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.
An application along with four specimen copies of the Design should be submitted for the Design Registration. Also, a statement of novelty which describes how the design is unique should be submitted with the aforementioned documents. Additional copies of the specimen design might be required. The design so represented in the ‘representation of the design’ submitted should be precisely similar to the design or exact copies of the design. According to rule 30, the reciprocity application submitted in the UK or a convention country or an intergovernmental organization or group of countries means can be made with additional copies of the design. However, the acceptance or rejection of registration of design vests in the hands of the Controller. The controller might make a statement of objections to the applicant with necessary amendments. The date on which the controller’s decision is dispatched is deemed as the date of appeal. The controller can abandon the applications that are not completely and verifiably filed.
The representation of the article and particulars of the application may be published in the Official Gazette.
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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
The affidavits should contain a declaration of truth and verifiability and should be in paragraph form. The controller might regulate the costs involved in the design registration process according to the Fourth Schedule.
The design should be registered with all essential documents including reciprocity date and maintained on diskette and floppy or any other master folder. Form 22 must be used in case of any request for alteration of address. Details of the name, nationality, and address of the person entitled should be recorded according to Rule 33. The evidence of the transmission of copyright in a registered design or that affecting the proprietorship should be presented to Controller either in original, or notary certified true copy together with the application and may require any other proofs. The prescribed form of entry of the Design registration application should conform to the relevant standards. Except for the time of official inspection, the registration of the design can be made visible to the public. A note for rectification of design may be made to persons concerned and published in the Official Gazette. The opponent can also oppose the rectification of design through a notification of the opposition.