A freshly developed design applied to an object manufactured through an industrial process can be secured from counterfeiting by design registration, which is a kind of intellectual property protection. Design registration grants the inventor exclusive rights to use the design for 10 years, with the possibility of a five-year extension.
Under the Design Act of 2000, any shape, configuration, pattern, or decoration, or composition of lines and colours, or combination thereof, applied to any object, can be registered. However, in order for a design to be registered, it must meet the following requirements:
1.It should be fresh and unique.
2.The design should be related to an article’s shape, configuration, pattern, or decoration.
3.An industrial method must be used to apply the design to any item.
4.The design must be clearly seen and included in the article.
In the event of infringement, the owner of a registered design can pursue legal recourse under the Design Act.
Definition of Design
Only the features of a shape, pattern, configuration, composition, or ornament of lines or colours 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, are judged solely by the finished article, according to Section 2(d) of the Designs Act 2001.
Documents Required for Design Registration
To register a design, you must provide the following documents:
1.Certified copies of the original or certified copies of disclaimer excerpts
3.On payment of a fee, more public papers can be accessed.
The affidavit should be written in paragraph format and include a statement of truth and verifiability. The cost of design registration, on the other hand, may be set by the controller in accordance with the fourth schedule.
Design registration process
Form 1 must be submitted with the Design registration application, together with the following information:
- The applicant’s name is
- The applicant’s address
- The applicant’s nationality
- If the application is not a natural person, such as a corporation, then legal status information must be supplied.
- The name of the item on which the design is used.
- The design must be registered. Two copies of the design must be supplied if it is two-dimensional. (The applicant must emphasise the design’s distinctive qualities.)
- If the application specifies that the design be registered in more than one class, each class of Registration must have its own application.
- Each depiction of mechanical processes, trademark numbers, and letters shall include a disclaimer or novelty statement.
- Each representation must be signed and endorsed by the applicant or authorised person.
- After the application has been submitted, the patent office will evaluate it and, if necessary, make objections.
- Once all objections have been addressed, the patent office will issue a Copyright certificate for the design.
From the date of registration, the design registration is valid for 10 years.
Significant aspects to keep in mind during Design registration
Organize your files properly.
By completing a professional application that addresses all parts of the Design Act, an experienced expert from SRCC may greatly enhance the odds of successful design registration.
Processing by the government
The filing of a design registration application does not ensure that the design will be registered. Design registration is a procedure, and the registrar provides it based on the facts and premise of each case.
Based on their knowledge and skills, the professionals at SRCC can give suitable assistance for submitting design registration applications.
Following the filing of a design registration application, it is critical to monitor the progress of the application on the Government website on a regular basis until it is processed. The applicant may be required to provide a time-bound response or action as part of the design registration application procedure.
As a result, it is critical to monitor the state of the application on a regular basis and take the necessary actions.
The Patent Office maintains and publishes a list of all registered designs to alert rivals to the fact that a design has been registered and to prevent counterfeiting.
The owner of a registered design can pursue legal recourse under the Designs Act in the event of infringement or piracy.
Protection for ten years
Designs protected under the Designs Act are valid for 10 years and can be renewed for another five years. Design registration, on the other hand, primarily pertains to designs utilised in an industrial process on any item.
As a result, products protected by the Trademark Act or the Copyright Act are not eligible for design registration.