An Industrial Design is a form of IPR which provides protection for the aesthetic features of an article derived from its visual appearance. A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process. The design in the finished article appeals to and is judged solely by the eye. The registration of industrial designs is governed by the Designs Act, 2000 and Designs (Amendment) Rules 2014 and is carried out by the Designs Wing of the Patent Office located at Kolkata. Filing of design applications in branch offices at Chennai, Delhi and Mumbai is also permitted. The thrust of the modernization programme of the Design office includes transition from the essentially paper-based examination procedure to an IT based system which is supported by computerized records, online search facilities, a user-friendly website and a digital library.
In the context of designs, “article” is any article of manufacture and any substance, artificial or partly artificial and partly natural and includes any part of article capable of being made and sold separately Design does not include any mode or principle of construction or anything which is mere mechanical device. It also does not include any trade mark or any artistic work.
Registration initially confers this right for ten years from the date of registration. It is renewable for a further period of five years. The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. A registered proprietor of the design can sue for infringement, if his right is infringed by any person. He can assign or license his design as legal property for a consideration or royalty If the design is not renewed before the expiry of the initial period of registration, this right will cease. However, there is a provision for the restoration of a lapsed design.
The GIR is a statutory organization set up for the administration of the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force on 15th September 2003. The Registry is situated at Chennai. As on 31st March, 2013, 193 Geographical Indications (Gls) have been registered.
Intellectual Property Appellate Board (IPAB), a quasi-judicial body was set up as statutory Board by the Government of India vide Gazette Notification No: S.O 1049 (E) Dated 15.09.2003. It has been established to hear appeal against the decisions of the Registrar and to hear applications for rectification of entries in the Registrar of Trade Marks under the Trade Marks Act, 1999 the Geographical Indication of Goods (Registration and Protection) Act, 1999, and Patents Act, 1970. IPAB has its headquarters at Chennai and besides Chennai, it holds the Circuit Bench Sitting at New Delhi, Mumbai Kolkata and Ahmedabad.
What Is Industrial Design
Many products today are manufactured through various techniques of mass production. Industrial design means only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two- or three-dimensional, or in both forms, by any industrial process or means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction.
At L.S. Davar & Co we can help you with the complete registration of your design. This includes specific patterns, ornamentation, colour combinations, shape and configuration that you intend to include as part of your design. This is a form of IPR. The process of registration itself is swift, relatively simple and not very expensive.
We can even help you create your designs first and then get them registered. Once you register your design, your design rights are exclusive to you and then you can apply this design to the article in the class for which you have registered the design.
One thing that you need to know is that whoever files the design application first gets the right to registration. This is particularly important if you work in a partnership kind of business model.
Once registered you will have exclusive rights over your design for ten years. You can file an application to get an extension for a further period of five years, before the expiry of the 10 year period.
The Design wing of the Patent Office accepts applications for registering designs. This office is located in Kolkata. You may also file your design application in branch offices. These branch offices are located at Chennai, Delhi & Mumbai.
The Design wing of the Patent Office located at Kolkata is responsible for accepting applications of designs. The filing of design applications in branch offices at Chennai, Delhi, and Mumbai is also permitted.
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What Characteristics Should The Design Have In Order To Be Registrable?
What Details Do You Need To Provide To File A Design Application?