DESIGN REGISTRATION OVERVIEW

Unique aspects in shapes, figures, blueprints or decorations or compositions of lines are referred to as ‘design’. The design also included 2D or 3D figures. Design can be made manually, mechanically, chemically, and separately when the finished work is a unique one created by them. There are various Trade and Merchandise Marks Acts and sections from the years 1957 and 1958

Design Registration in India protect the various industry design in India, with Design Registration Act-2000 and Design Rules-2001

The Design Act helps in safeguarding the novel and innovation of the created design. The Design helps in safeguarding the uniqueness of the creation.

WHAT IS THE PURPOSE OF REGISTERED DESIGN

A registered design provides the creator exclusive rights over the use of the design for ten years, which can be further extended for five years. Any piracy with the registered design of the owner registered for the design can go for legal proceedings under the Design Act.
A list of Items cannot be registered As Designed:
Stamps, medals, books, documents, greeting cards, maps, dressmaking patterns, calendars, certificates, jackets, postcards, leaflets, forms and other documents.
Labels, tokens, cards, cartoons.
Mere mechanical contrivance.
  • Buildings and structures.
  • Articles parts can not be manufactured and sold separately.
  •  Variations commonly used in the trade.
  •  Mere workshop alterations of components of an assembly.
  • A mere change in the size of the article.
  •   Flags, emblems, or signs of any country.
  •  Layout designs of integrated circuits.

DOCUMENT REQUIRED FOR THE DESIGN REGISTRATION

  • Name of the applicant
  • Address of the applicant
  • Nationality of the applicant
  • If it is a company, information regarding the place of incorporation and the legal status of the entity
  • The required fee is applicable
  • The article embodies the design with the class and sub-class.
  • Article name to which the design has to be applied upon.
  • Product Photocopies

REPRESENTATION OF THE DESIGN

For the 2D design, we need two copies of the design for submission purposes.
For the 3D design, we need to have 2 copies of the top, bottom, front, back and 2 sides for submission purposes.
If there is an existing design similar to yours the application must specify the uniqueness of her/his design.
To get your design registered more than one class for each class application must be submitted.
A statement of disclaimer or novelty must be attached to each representation concerning mechanical processes, trademarks, numbers, letters, etc. design should also be endorsed and duly signed and dated on each representation by the applicant or the authorized person on behalf of the applicant.

KEY POINTS

At present, almost 90% of the work has been rejected at the initial or formal stage due to the lack of details to explain how unique and original the designs are. In some cases, the rejection is due to the incorrect filling process.

When there is a rejection for the application then agents or legal practitioners can reapply for the same, but this would cause a delay of 4-5 months in getting the design right. To avoid this turnaround process and reduce the time careful application filling is necessary.

Effective from April 2011 onwards to provide the design right within a time of 1-month Design Wing at the Patent Office is engaged in the registration process.

BENEFITS OF DESIGN REGISTRATION

Ability to Sue:
A registered design owner can file a legal suit against the imitators. This makes sure that the owner of the Design can hold their market share by maintaining exclusivity over their product or industrial Design. As of 2019, the trade in imitation goods stands at 3.3% of the overall world trade which means registering designs grants entities the power to litigate the rising number of counterfeiters.
Extended Validity:
The validity of the registered design is 10 years and it can be renewed or extended to a max of 5 years.
Legal Protection Against Plagiarism:
The registration process of Design restricts other companies to copy, sell, distribute, or reproduce their products bearing a similar design to the original one.
Return on Investment:
Upon registering a Design, the applicant company or organization gains the exclusive right to commercialize their product. Help in boosting the Intellectual property assets’ value as well as brings an extra revenue source which has high returns on the investment.
License-Out Ability:
Registered design owner can license their design to external manufacturers, and in return, benefits are paid in form of royalties.
Differentiation in Product:
A registered design follows all the documents comprising as well as concept and design art uniqueness in it. This gives the owner of the design a competitive edge in their respective market from a perfect business model outlook.
Fair Market Competition:
When numerous innovators register their designs, it has a positive impact on the key market players. This forces the R&D activities, which in turn encourages further innovation and mutual benefits for organizations and customers.
Increased Commercial value:
Registering a design increase the commercial value as well as makes the product more marketable. This is because a product having an owner design increases product positioning from the viewpoint of potential customers.
Induce Customer Response:
Created an appealing image from the perspective of a customer toward the products.

FAQ

The word ‘article’ in the Design act 2000 means that any articles related to this design cannot be made or sold separately, whether it is made from natural or unnatural materials.

It takes around 3 to 6 months to get the design registered and get the certification from the patent office. After the design is registered it is published in the design journal

The main object of the design Act registration is to protect the original design of the creator as well as give the right that non are able to use or work in his/her design with getting a legal no objection letter.

A registered design cannot be re-registered again.