Under design registration, a newly created design can be protected from counterfeiting if it is applied to an article created using an industrial process. The creator of a design is granted exclusive use rights for ten years, which can be extended for five more years.
Under the Design Act, 2000, any shape, configuration, pattern, or ornament, or combination of lines and colors can be registered. However, it must meet the following requirements before it can be registered.
DESIGN REGISTRATION: WHY IS IT IMPORTANT?
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Industrial design identifies the creation of new and genuine features that are recognizable by unique shapes, configurations, patterns, decoration, and combinations of lines or colors applied. Design Registration aims to achieve the following objectives: To make sure that a unique design appeals to the eye and is judged positively by clients.
- To establish a legal system that protects Designs in India from being misused in an effective and convenient manner.
- Developing creativity and originality.
- This is an essential requirement under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement between members of the World Trade Organization.
Design Registration Online: How to Apply
Following is the procedure:
- A design registration application must be filed with Form 1 and include the following details: 1. Name of applicant 2. Address of applicant 3. Nationality of applicant 4. If the applicant is not a natural person, such as a company, then the applicant’s legal status must be stated.
- Identify the article to which the design application status will be applied in Step 2
- The third step is the registration of the design. Two copies must be submitted for a two-dimensional design. (The applicant should highlight its unique features.)
- The design must be registered in a separate application for each class of Registration if more than one type of Registration is mentioned in the application.
- The representations concerning the mechanical processes, trademark number, or letters should be accompanied by disclaimers or novelty statements.
- The applicant or authorized person must endorse and sign each representation.
- The patent office will examine the application once it is submitted, and will raise objections if necessary.
- As soon as all objections have been removed, the patent office will grant the design a copyright certificate.
Frequently Asked Questions about Design Registration
- Is it possible to transfer ownership of a design registration?
Transfers of ownership of design registrations can be made by assignment, license, or transmission.
- How do you transfer ownership of a design registration?
The controller of Patents and Designs must be notified of the transfer of ownership rights of a design registration using Form 10.
- Is a design registration valid for a certain period of time?
The duration of design registration is originally 10 years from the date of registration. However, the duration is extended to 10 years from the date of priority in cases where priority claims have been granted. If an application is filed before the expiration of the initial period of design registration, it can be extended for a further 5 years.
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