Design Registration
Design registration
Market Price – Rs: 15,899
OnlineTaxSeva Price- Rs: 7599 (All Inslusive)
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Design Registration
Design registration refers to the legal process of protecting the aesthetic or ornamental features of a product or object, such as its shape, configuration, pattern, or decoration. It involves registering the design with a designated government authority, which grants the owner exclusive rights to use, license, or sell the design for a specified period of time. The purpose of design registration is to prevent unauthorized copying or imitation of the design by others, and to incentivize innovation and creativity in the design industry.
In order to be eligible for design registration, the design must fulfill certain criteria as set forth by the relevant national or international laws. Generally, the eligibility requirements for design registration include the following:
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Novelty: The design must be new and original, meaning it must not have been disclosed or made available to the public before the application for registration.
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Non-obviousness: The design must not be obvious or easily predictable to a person skilled in the relevant field of design. This means that the design must have some degree of creative or innovative merit.
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Industrial applicability: The design must be capable of being used in an industrial or commercial setting, and must not be purely artistic or decorative in nature.
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Distinctiveness: The design must have some level of distinctiveness or uniqueness that sets it apart from other designs in the same or similar field.
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Not contrary to public order or morality: The design must not be contrary to public order or morality, and must not violate any existing laws or regulations.
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Owner of the design: The applicant for design registration must be the owner or legal representative of the owner of the design. In some cases, the designer or creator of the design may be the owner, while in other cases the ownership may be assigned or transferred to another party.
It is important to note that the eligibility criteria for design registration may vary depending on the jurisdiction and applicable laws. Therefore, it is advisable to consult with a qualified legal professional or intellectual property expert to ensure that your design meets the necessary requirements for registration in your specific case.
The process for design registration in India is as follows:
- Filing of Application: The first step is to file an application for design registration with the Design Wing of the Indian Patent Office (IPO). The application must contain the following details:
- Name and address of the applicant
- Name of the article to which the design is applied
- Class and sub-class of the article
- Specification of the article
- Drawings or photographs of the design
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Examination of Application: After the application is filed, the IPO examines the application to ensure that it meets the formal requirements. If the application is found to be in order, it is accepted for registration.
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Publication: Once the application is accepted, it is published in the Design Journal. This is done to invite any opposition or objections from the public.
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Opposition Proceedings: If any third party has any objection to the registration of the design, they can file an opposition within six months from the date of publication in the Design Journal.
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Registration: If there is no opposition or if the opposition proceedings are decided in favor of the applicant, the design is registered and a certificate of registration is issued to the applicant.
The entire process for design registration can take anywhere from six months to a year or more, depending on factors such as the complexity of the design and any opposition proceedings. It is recommended to seek the assistance of a qualified attorney or agent for the design registration process to ensure a smooth and successful application.
The validity of a design registration in India is initially for ten years from the date of filing the application. This validity period can be extended for a further period of five years, subject to the payment of renewal fees.
It is important to note that the total term of protection for a registered design cannot exceed fifteen years from the date of its registration. Once the term of registration has expired, the design falls into the public domain and can be freely used by anyone.
It is the responsibility of the registered owner to renew the registration of the design within the prescribed time to maintain its validity. The renewal application can be filed within six months before the expiry of the initial ten-year period or within six months after the expiry with a late fee.
If the renewal application is not filed within the prescribed time, the registration of the design will lapse, and the owner will lose the legal protection of the design.
Therefore, it is important for the registered owner to keep track of the renewal dates and ensure that the renewal application is filed within the prescribed time to avoid any loss of rights over the design.
Design registration offers several benefits to the owner, which are as follows:
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Exclusive right: The primary benefit of design registration is that it grants exclusive rights to the owner over the design. It ensures that no other person can use, sell or reproduce the registered design without the owner’s consent.
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Legal protection: Registered designs are legally protected under the Design Act, 2000. It provides the owner with the legal right to take action against infringers, who use the design without the owner’s permission.
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Monopoly: Design registration creates a monopoly for the owner over the design for a specific period. It prevents others from using or producing a similar design, which may otherwise dilute the value of the original design.
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Commercial advantage: Design registration provides a commercial advantage to the owner as it can be used as a marketing tool to attract customers. A registered design helps the owner to distinguish their product from others and create a unique identity.
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Easy to license or sell: Registered designs can be licensed or sold easily. The owner can grant licenses to others to use their design for a fee or sell the design outright. This can generate additional revenue for the owner.
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Asset value: A registered design has an asset value, and it can be used as collateral for loans or other financial transactions. It can help the owner to raise capital for their business.
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Global protection: Design registration provides protection not only in India but also in other countries that are members of the Paris Convention or the World Trade Organization. It provides a global platform for the owner to protect their design.
In conclusion, design registration provides a range of benefits to the owner, which includes exclusive rights, legal protection, commercial advantage, and asset value. It is a valuable tool for businesses and individuals to protect their designs and gain a competitive advantage in the market.
Infringement of design registration occurs when someone uses or reproduces a registered design without the permission of the owner. The following are some examples of activities that can constitute design infringement:
- Making, importing, selling, or hiring any product which is identical or similar in appearance to the registered design.
- Using a registered design in any manner that would deceive or cause confusion to the public.
- Using a design that is substantially similar to a registered design, even if the final product has a few differences.
If a design owner believes that their registered design has been infringed upon, they can take legal action against the infringing party. The owner may seek an injunction to stop the infringing activities, as well as damages for any losses suffered as a result of the infringement. The owner can also seek an order for the delivery of any infringing products or materials used in the production of the infringing product.
In some cases, the infringing party may argue that their design is not substantially similar to the registered design. In such cases, the court will consider various factors such as the degree of resemblance, the intended use of the product, and the target audience. Ultimately, the court will decide whether or not the design is infringing upon the registered design.
International protection of design registration is essential for businesses that operate in multiple countries. The Hague System provides a convenient and cost-effective way to protect designs in multiple countries with a single international registration. The system is governed by the Hague Agreement, which currently has 74 member countries. The advantage of the Hague System is that it simplifies the process of obtaining design protection in multiple countries. Once the design is registered internationally, the applicant can enjoy protection in all the designated countries. This eliminates the need to file separate applications and pay fees in each individual country. Additionally, the Hague System provides a streamlined process for managing the registration and renewal of designs, making it easier for businesses to maintain their intellectual property portfolios. In conclusion, international protection of design registration through the Hague System is a crucial aspect of intellectual property management for businesses that operate globally.
Cancellation of design registration refers to the process of removing the design from the register of designs. There are various grounds on which a design registration can be cancelled, such as non-compliance with formalities, lack of novelty or originality, or if the design is contrary to public order or morality. The cancellation proceedings can be initiated by any interested person by filing a petition with the relevant authority.
In India, the cancellation proceedings can be initiated before the Intellectual Property Appellate Board (IPAB) or High Court. The procedure for cancellation is similar to that of opposition, with the main difference being that the petitioner has to prove the grounds for cancellation rather than the applicant having to prove the validity of the registration. If the cancellation petition is successful, the design will be removed from the register of designs, and the rights of the registered owner will be extinguished.
It is important to note that cancellation of design registration does not automatically mean that the design is free to be used by others. If the design is still protected by copyright or is a well-known design, it may still be subject to legal protection. It is always advisable to seek legal advice before using a design that has been cancelled or has expired to avoid any legal consequences.
In conclusion, cancellation of design registration is an important legal remedy that helps ensure that only valid designs remain on the register, and that the rights of the registered owner are not abused. It is crucial for interested parties to be vigilant in protecting their designs and to take necessary legal action if they suspect any infringement or non-compliance with formalities.
Design Registration FAQ’s
- What is the definition of a design?
A design refers to the shape, ornament, pattern, composition of line or colors, or any other visible aspect, and can be two or three-dimensional.
- Is design registration mandatory?
No, design registration is not mandatory, but having a design registration protects the uniqueness and authenticity of the design.
- Why should I get design registration?
Design registration bestows copyright on the registered design for 10 years, which can be further extended by 5 years. The owner of the design has exclusive rights to use the design in the class in which it has been registered.
- When should I apply for design registration?
An application for design registration should be made as soon as possible after the design is finalized and before it is shown to others.
- Who is eligible to apply for design registration?
The proprietor of any design, an assignee (jointly or separately), or the agent or representative of a non-resident Indian can apply for design registration.
- Is it possible to transfer ownership of a design registration?
Yes, ownership of a design registration can be transferred by an assignment, a license agreement, or transmission.
- Which form should I file to transfer ownership of a design registration?
To transfer ownership rights of a design registration, an application should be made to the Controller of Patents and Design in Form 10.
- What characteristics can help in obtaining design registration quicker?
A design should be original and unique, not controversial or offensive to public order, and not previously published. The design should also be applicable to physical characteristics and not include procedural or mechanical elements.
