Registered design of a product means a design of a product that is recorded at the patent office under a book called Register of Design. The design relates to the appearance of an article judged solely by the eye and is protected by filing an application before the Patent Office. A lot of hard work, time, effort, money, and creativity is involved in giving a particular appearance to an article.
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Registration of design is sought with the motive to protect the appearance of the product from industrial exploitation by other entrants.
Any shape, configuration, pattern, ornament, the composition of lines, color, or combination which has no mechanical use thereof when applied to an article can be registered under the Design Act, 2000. A design is primarily part and parcel of the article manufactured.
Example: Bottle of Coke, design of a shoe, Specific shape and color combination of Cad bury, etc.
Deciding the line of business
The first and foremost step prior to starting a business in India is the idea and vision about the line of business. The entrepreneur ought to have a vision whether in the form of a simple or detailed business plan with market analysis, projected financial statement, etc. However, a detailed business plan is preferred over a simple plan as it helps the aspiring entrepreneurs to avert mistakes thus, increasing the probability of succeeding in the business. However, if you are on the other side and do not possess any particular business idea then you can put your mind to some research work by taking the help of technology through the internet.
The following are good online resources for finding business ideas
- By registering a Design under the Design Act, 2000 makes a person lawful owner over the design of the product.
- The owner or Proprietor can exploit the design of the product in several ways for industrial purposes.
- Importantly it barres’ other entrants to copy, use the design of the product and help the owner or proprietor to create a monopoly in the said market.
- Owner or Proprietor can take royalties or charge from other users for licensing or allowing the sale of the said design of the product.
Prohibition of Registration of certain Design.
Those Designs shall not be registered which are:
- A not original or new creation. Here “Original”, in relation to a design, means originating from the author of such design and includes the cases which though old in themselves yet are new in their application;
- Disclosed to the public anywhere in India or in any other country by publication in touchable form or by use or in any other way prior to the filing date, or where applicable, the prior user’s date of the application for registration; or
- Not expressively different from the recognized design.
- Comprises or contains disgraceful or offensive matter.
- Exclusively Functional. In other words, outer appearance should not serve any technical purpose to the product as the functionality of a product is not protected under a design application.
- Applied to certain articles such as wall plaques, medals, printed matters primarily of a literal or artistic character for e.g. calendar, certificates, coupons, greetings cards, leaflets, maps, playing card, postcards, stamps and article similar to it.
- Methods or principles of construction for e.g. layout of the architecture of a building, design of the building, etc.
- Computer programs.
Validity and Renewal of Design
The Design is valid for ten years from the date of filing of an application. In the case where priority date is claimed with respect to Design, the term ten years will be counted from the date of priority date.
The design can be extended for another period of five years on the application made in the prescribed fee with the form to the controller before the expiry of the initial period of Copyright.
Further, if a registered design is lapsed due to non-payment of extension fee then an application for restoration of lapsed Design is required to be submitted to the Controller along with prescribed form and fee, within one year from the date on which Design has lapsed.
Benefits of E-filing Design Application
Recently IP authorities have made the procedure easier for filing the application of Design with the medium of e-filing through ipindia.nic.in the portal of Design. The Design application can be filed now within 24 hours and the applicant can use the design freely from the first date of filing.
To encourage the protection of Design, IP authorities are charging a very nominal fee from the signal applicant or small scale proprietors, startups in comparison to the companies.
For detailed information on Design E-Filing Procedure and renewal in India visit and chat with us at setindiabiz.com
