DESIGNS

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Design Registration in India

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.

 

In Order To Be Registrable, A Design

  • Should be new or original
  • Should not be disclosed by publication or by use or in any other way prior to the filing date , to the public in any part of the world
  • Should be significantly distinguishable from known Designs or combinations
  • Should not comprise or contain scandalous or obscene matter
  • Should not be a mere mechanical contrivance.
  • Should be applied to an article and should appeal to the eye.
  • Should not be contrary to public order or morality.

 

The Requirements For Filing A Design Application:

  • ·     Details of the applicant i.e. name, address and nationality.
  • ·     Details of the basic application from which priority is to be claimed. The Indian application is to be filed within six months of the basic application.
  • ·   Photographs /Computer generated images/line drawings of the article. Different views are required (such as front, back, perspective, side, top, bottom etc.) which depict the article clearly.
  • ·     The priority document and a certified English translation thereof is to be filed along with the application, but may be filed anytime thereafter with late fee.
  • ·   The Power of Attorney of which may be filed any time before the design is registered.

 

Geographical Indications Registry (GIR)

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)

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.

 

We Have Assisted Clients In:

 

  • Searching to make sure that the intended design has not already been registered.
  • Filing of design applications
  • Cancellation of registration proceedings if required.
  • Pre & Post-registration processes
  • Making sure the design registration remains active, getting it renewed.
  • Managing their design portfolio

 

What Characteristics Should The Design Have In Order To Be Registrable?

 

  • The design should not be copied from anyone, it should be an original design
  • It should not have been disclosed to the public anywhere in the world
  • It should be unique. It should not have a resemblance to any other registered design
  • The design should follow basic design aesthetics and should be appealing to the eye
  •        The design should not be provocative or scandalous.

 

What Details Do You Need To Provide To File A Design Application?

 

  •         Your details - name, address, nationality, etc.
  •     If the application is to claim priority of a basic application, please note that you will need to file the Indian application within six months of the basic application.
  •     Details photographs of the design. These can be line drawings or computer-generated images. You will need to provide different views of the same design to depict the article clearly. This would include Front, Back, Perspective, Side, etc. views
  •    You will also need to file the priority document and a certified English translation. This should ideally be filed along with the application though these may be filed within three months thereafter with a late fee.