The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
A Design refers to the features of shape, configuration,pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye. Design does not include any mode or principle of construction or anything which is a mere mechanical device. It also does not include any trade mark or any artistic work.
Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.
Exclusive Right on the Design
By Registering the Design with Authority, applicant Obtain exclusive rights to a product with a particular appearance which may result in a substantial return on the investment because it will allow you to prevent others from reproducing a popular design.
Valuable Business Asset
An industrial design registration may be a valuable business asset. The success of a product is usually influenced by its appearance; in an aesthetic-driven consumer base, the looks of a product also plays an important part to attract consumers towards the product to buy.
Right to claim damage
If your industrial design is infringed upon, you may bring your case to court and be awarded damages for the lost sales you have incurred as a result of the infringement of your design registration. This allows you to focus on establishing products on the basis of superior industrial design without worrying about knock-offs from competitors who can produce items cheaper or who can scale their manufacturing quicker.
License or sell
Owner can license or sell his design as legal property for a consideration or royalty.
Disclosure of Invention to Professional
This is first step to start processing your design registration. Need to hire a Professional for this purpose to avoid any mistake in application process. Here need to disclose the Design to professional.
A Design Search or Inspection generally conducted by Applicant to find out whether any similar registration already exists. Application for Inspection is filed with Registrar by paying Govt. Fees. THIS IS OPTIONAL FOR APPLICANT. Hire a Professional for this service is recommended.
Registration process starts here. Drafting of Application in prescribed form is a specialised job. With the help of Consultant get prepared application, Representation of Design, Statement Novelty and Disclaimer and Power of attorney.
Once your application drafting is completed and checked properly, next step is to file the design application in prescribed manner. That is in the appropriate forms along with Govt. fees. Govt. Fees varies based of type of applicant.
Post Application Process
If there are no objections, the design will be registered. In case of OBJECTION RAISED:- then the applicant is required to comply within 6 months from the date of filing of the application. Abandonment :- If the applicant fails to respond to the objections or does not comply with the objections raised within the time limit, then the design shall be deemed to have been abandoned. Hearing: - In case the applicant contests the objections, and the Controller is not yet satisfied, then a Personal Hearing is called within 1-2 months, based on that result is determined. The applicant can appeal to the High Court if not satisfied by the outcome of the hearing.
Once the applicant fulfills all the formalities and requirements, design is published in the Official Journal, which is published every Friday. The design is then entered in the Register and a certificate of registration is issued to the applicant. With Objection, Entire Process Typically takes 8-12 months. Without Objection, normally takes 3-6 months.
Our Professional give on call consultation to client first to make him clear about the process of registration with Authority and documents requirement and pricing.
Our professional first searches the similar design registration if already exist. This is also termed as Novelty Search and this search would cost extra for applicant towards Govt. Fees and professional Fees. But it saves Time, Application Filing fees and all Legal Proceedings expenses, which applicant incurred if apply for his Design similar to Other and lateron rejected by controller. THIS IS OPTIONAL FOR APPLICANT. Hire a Professional for this service is recommended.
Professional prepare your application and co-ordinate with you for all relevant documents, representation of design, Statement of novelty and disclaimer, etc.
Filing of Application
Once your application drafting is completed and checked properly, Our Professional file your application along with payment of Govt. fees.
We Track the application status and update Client time to time.
Once authority accepts the Application and all formalities completed by authority and applicant, Registration Certificate Issued.
Designs that are primarily literary or artistic character are not protected under the Designs Act. These will include :
A representation sheet of an article is an important document required to be filed alongwith the application for registration.
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