Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. This registration provides authority to the owner to use the Design for ten years, and the time can be further extended for the next five years. The present article briefs the Design Registration procedure in India.
A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.
Following are some advantages that an owner can avail after getting registration of a design in India:
Under the Design Act, 2000 for a design to be registered and protected under the Act, the following are essential requirements that need to be fulfilled:
The following documents are to be submitted to get design registration:
The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the controller may regulate the cost involved in design registration according to the fourth schedule.
When a design is registered, copyright is bestowed upon the registered design for a period of 10 years (extendable by 5 years). Through this, the proprietor enjoys an exclusive right over the use of the design in the class in which it’s been registered.
Unlike copyright protection, the design registration doesn’t protect any literary or artistic work like books, calendars, stamps, tokens, buildings and structures, and maps. Further, an application cannot be made for designs similar to the national flags, emblems, or signs of any country.
Design registration is valid for a period of 10 years and can be extended for a further term of 5 years with the payment of the necessary fees. The design will lapse if the extension is not done in time, but can be restored in the following manner:
The application for restoration is to be made within one year from the date of the lapse of the design via Form 4, only in the case of non-payment of the extension fees. Once the application for restoration is approved, the necessary extension fees are to be paid.
The first thing to be noted is that the application to register a design may be applied to five different authorities:
The application for design registration must be filed with Form-1 along with the following details:
If the application is to register the design in more than one class, each class of registration must have a separate application.
After submission of the application, the patent office will examine the application and raise objections, if any. Upon the clearance or removal of all objections, the design shall be granted a copyright certificate by the patent office.
Under the provisions of Section 10 of the Design Act, 2000, registration can be canceled if:
|What’s protected||Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another.||Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.||Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.|
|Requirements for protection||A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.||A fresh, valuable, and unusual invention is required.||A work must be unique, original, and created in a tangible manner.|
|Term of protection||As long as the mark is used in commerce.||20 years||Author’s life span+ 70 years.|
|Rights Granted||Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin.||Right to restrict others from manufacturing, selling, or importing the patented invention.||Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.|
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