Ever wondered what
fashion designers or product designers do to safeguard their design? The answer
is simple they get their Design protected under the Design Act 2000. Now, not
everything can be registered under the Design Act, according to Design Act, a Design
refers to any article in two or three-dimensional forms (or both) which
comprises the features of shapes, patterns, ornamentation, or composition of
colors and lines such as cutlery, dress, rocking chair, bottle, apple Ipodetc.
The important purpose of design Registration is to see that the creator, the originator of a design having an aesthetic that is not dispossessed of his
bonafide reward by others applying it to their goods.
Design registration does not apply to any items
that are covered under the Trademark or Copyright Act. For e.g. stamps, labels,
tokens or cards can’t be registered under the Design Act as the ornamentation
is removed and it ceases to be referred to as an article. Articles must have their
existence independent of the Design applied to them.
| SAMPLE DESIGN REGISTRATION |
Thinks that cannot be registered as a
Design
- Flags and emblems or signs of
any country cannot be registered
- Item whose design is or
contains any industrial plans, layouts, and installations
- Design including buildings and
structures
- Mere alterations or change in
the size and orientation or mechanical contrivance of a design
- Labels, cartoons, cards, or
tokens that can be made as part of an article
- Books, jackets, calendars,
certificates, forms, maps, greeting cards, pamphlets, stamps, medals, etc.
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BENEFITS
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Licensing/Selling: As legal property
for a consideration or royalty he can license or sell his design.
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Monopoly: As no one can copy
the design then with the target audience one can profit with a proper market
strategy.
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Longevity: Receive registered
design benefits up to 10 years and further renewal of 5 years.
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Entitled for
protection: Can apply
for infringement if one’s rights has been infringed and can be used as a
proof that hold the rights for the set design with the royalty.
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REQUIREMENTS
- A design should be new or original
- Design not been published to the
public in any form
- Significantly distinctive from the
known or combination of design.
- Design should not be a mere
mechanical contrivance
- Be applied to an article and should
appeal to the eye
- Not be opposing to morality or
public order
- Not comprise or contain scandalous
or obscene matter
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DOCUMENTS
- Full name/ address and nationality
- Power of attorney if required
- Priority documents (if any) in case
of convention application claimed under Section 44 of the Designs Act,
2000
- Photos required of article from
various angles, 5 copies of each pose
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PROCEDURE
| Finding out whether any registration already exist |
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| Preparing a representation of the design |
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| Identifying the class of design |
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| Providing a statement of novelty |
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| Including a disclaimer |
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| Claiming a priority date (optional) |
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| Determining the fee to be paid |
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| Ensuring all enclosures are attached |
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| Complying with objections (if any) |
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| Providing full details |
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