Example: Bottle of Coke, design of a shoe, Specific shape and color combination of Cad bury, etc.
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Deciding the line of business
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 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.
Benefits of E-filing Design Application
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.