‘Design’ pertains to the distinctive aspects of shape, figure, blueprints or decorations or structure of lines or shades or a combination thereof given to any 2 or 3-dimensional (or in both formats) article by any manufacturing process or mode. The process of creating the design may be manual, mechanical, automated, or chemical, separate, or all-inclusive, by which the finished article appeal to and can be recognized solely by the eye.
The procedure of Design Registration in India, governed under the Designs Act-2000 and the corresponding Designs Rules-2001, facilitates the registration and protection of various industrial designs. However, this excludes any mode or a standard or construction or anything which is in the material a mere mechanical device, any registered trademark, as defined in Section 2(v) of the Trade and Merchandise Marks Act, 1958, as well as a property mark or artistic work as defined under the Section 2(c) of the Copyright Act, 1957.
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The purpose is to safeguard a unique industrial design that points towards the formation of novel and innovative features of a product, easily identified by the distinctive shape, structure, patterns, beautification, and combination of such shapes or hues. A business entity in India can obtain an effective and well-situated legal shield to safeguard unique designs from being imitated or misused to encourage and develop creativity and originality.
Further, it is a mandatory compliance for all the companies located in the WTO Member nations who have signed the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement.
Any individual claiming to be the proprietor or an agent appointed on behalf of the proprietor may apply for the registration of a new or original design that has not been previously published in any country and is not contrary to public order or morality.
In India, The Designs Act, 2000 and corresponding Designs Rules, 2001, further amended by Designs (Amendment) Rules 2008 and 2014, administer the registration and protection of industrial designs.
The process of design registration restricts other entities/individuals from copying, reproducing, selling, or distributing their products bearing an identical design to the original product by way of providing a legal shield.
With a registered design, the products of a business entity get a distinguished character and appearance from its competitor’s designs.
A Design registration certificate is valid for a period of 10 years, and on expiry, the validity can be further extended up to an additional 5 years.
As uniqueness is the key criteria for Design registration, the product must be alluring and unique enough from others; this promotes innovation and gives the ultimate boost to healthy competition.
The products with registered designs are globally unique, which means they are not formally published in any of the WTO member nations and are also not used by anyone in India before.
Upload required documents & information of the article on our web portal.
Consult our business advisor regarding design registration form.
Our professional will verify the validity of documents & Information provided.
This Step involves the Drafting of MOA & AOA. These are drafted under INC-33 & INC-34 respectively.If required we can file for ESI,PF,GST at same time under the form AGILE.
The design registration form will be filled as per the details of your product.
On verification, the Controller of Design shall issue Design certificate.
‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include;
“Article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately except stamps, labels, tokens.
Yes. When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant.
Object of the this Act is to protect a new or original designs so created to be applied or applicable to particular article which are manufactured by Industrial Process or means.
Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. Thus, the important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bona fide reward by others applying it to their good.
The registration of a design confers a ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class under which it is registered
The duration of the registration of a design is initially 10 years from the date of registration, but in cases where claim to priority has been allowed the duration is 10 years from the priority date.
No. a Design Registration cannot be renewed
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