Process of Design Registration in India:
– A newly created design applied to an object manufactured through an industrial process can be secured from counterfeiting by a 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 colors, or a combination thereof, applied to any object, can be registered. However, for a design to be registered, it must meet the following requirements:
- It should be brand new and unique.
- The design should be related to an article’s shape, arrangement, pattern, or decoration.
- An industrial method must be used to apply the design to all items.
- The design must be included in the content.
–The owner of a registered design can seek legal action under the Design Act if there is evidence of design infringement.
What is a Design?
–A distinctive element of shape, figure, blueprints, or embellishments, or composition of lines or colors, or a combination thereof, supplied to an object, which may be 2 dimensional or 3 dimensional, or both formats, by any manufacturing process or mode, is referred to as “design.”
–This, on the other hand, does not include any manner, standard, structure, or anything else that is just mechanical. The purpose of getting design registration under the Designs Act is to protect a unique or creative design that has been produced and will be applied to a specific product during the manufacturing process via an Industrial Process or mode.
Documents Needed to Register a Design
–To register a design, you must provide the following documents:
- A certified copy of the original or certified copies of disclaimer excerpts
- Affidavits
- Declaration
- On payment of a charge, further public papers can be made available.
–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 under the fourth schedule.
Process of Design registration:
1. Form 1 must be submitted with the Design registration application, together with the following information:
- The applicant’s name
- 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.
2. The name of the item on which the design is used.
3. The design is registered. Two copies of the design must be supplied if it is two-dimensional. (The applicant should stress the design’s unique features.)
4. If the application specifies that the design is registered in more than one class, each class of Registration must have its application.
5. To any depiction of mechanical processes, trademark numbers, or letters, a disclaimer or novelty statement should be included.
6. Each representation must be signed and endorsed by the applicant or an authorized person.
7. Following the filing of the application, the patent office will evaluate it and, if necessary, make objections.
8. The design will be given a Copyright certificate by the patent office once all objections have been eliminated.
Design Protection
Designs registered 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 utilized in an industrial process on any item. As a rule, products protected by the Trademark Act or the Copyright Act are not eligible for design registration.
For services like GST Registration, ISO Certification, IE Code Registration, Partnership Registration, Proprietorship Registration, Trademark Registration, Foreign Branch Setup, LLP Registration, OPC Registration, and Pvt Ltd Registration, visit Corproots.
