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.
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.
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.
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.