It should not be a mere mechanical contrivance It must not be in opposition to public order One must unfailingly meet the eligibility norms.
Design registration is a form of intellectual property protection regulated by the Design Act, 2000. It safeguards the unique visual appearance of an article, including its shape, configuration, pattern, or combination of lines and colors, especially when such features are created through an industrial process. This protection prevents others from copying or imitating the registered design.
To qualify for registration, certain criteria must be satisfied:
The design must be new and original, not previously published or used.
It should relate to the shape, configuration, pattern, ornamentation, or composition applied to an article.
The design must be produced through an industrial or manufacturing process.
It should be clearly visible on the finished product and contribute to its overall visual appeal.
The design must not fall under the scope of protection provided by trademark, copyright, or patent laws.
Meeting these requirements ensures that the design receives proper legal protection against unauthorized reproduction or misuse.
Eligibility Criteria for Design Registration
To obtain design registration, certain essential conditions must be fulfilled. The design must be fresh and original, meaning it should not have been previously published or used anywhere before the application. It should not closely resemble any existing design or be a simple combination of already known designs.
Additionally, the design must not be merely a mechanical device or functional arrangement, as registration protects only the aesthetic or visual features, not technical functionality. The proposed design should also not violate public order or morality.
Strict compliance with these eligibility requirements is necessary to ensure successful registration and legal protection under the Design Act, 2000.
Any individual or entity claiming ownership of a new and original design can apply for its registration, provided the design has not been previously published and does not violate public morality or order. The applicant must be the rightful proprietor of the design at the time of filing the application.
In addition, a duly authorized agent or design registration consultant may submit the application on behalf of the owner. This ensures that the registration process can be handled professionally while safeguarding the legal rights of the design proprietor.
To apply for design registration, the following details and documents must be provided:
Applicant’s Details: Full name and complete address of the individual, firm, or company applying for registration.
Power of Attorney: A certified true copy of the Power of Attorney, if the application is filed through an agent. It must be properly signed by the proprietor, partner, or any authorized director of the company.
Affidavit: A duly executed affidavit in paragraph form declaring that the information provided is true and accurate to the best of the applicant’s knowledge.
Priority Documents (if applicable): Documentary evidence claiming priority, in case the design has been previously filed or registered in another country or under an earlier application.
Providing accurate documentation ensures a smooth registration process and strengthens the legal protection of the design.
The following information must be provided while filing an application for design registration:
Applicant’s Information: Full name, address, and nationality of the applicant. If the applicant is a company or any legal entity (not an individual), documentary evidence confirming its legal status and place of incorporation must be submitted.
Article Details: The name of the product or article on which the design will be applied.
Statement of Novelty: A brief and clear description highlighting the unique and original features of the design being claimed.
Class of Article: The appropriate class or category under which the article falls, as per the prescribed classification system.
Details of Applicants: Names, ages, addresses, and nationalities of all applicants, including whether they are partners in a firm or directors in a company.
Authorized Signatory Information: Name, address, designation, and nationality of the person executing and signing the General Power of Attorney.
Accurate submission of these details ensures proper examination and smooth processing of the design registration application.
The design registration process generally involves the following stages:
1. Filing of Application
The first step is to submit an application containing essential details such as the applicant’s name and address, whether the applicant is an individual or a company, description and category of the article, and a clear statement of novelty. Drawings, photographs, or representations of the design must also be attached to the application form.
2. Examination and Registration
Once the application is properly filed and signed by the applicant or an authorized agent, it is examined by the Design Office. If any objections are raised, the applicant must respond and resolve them satisfactorily. Upon successful examination and clearance of objections, the Design Office grants a Certificate of Registration, thereby conferring copyright in the registered design.
3. Publication and Term of Protection
After registration, the design is published in the official journal. The registration remains valid for 10 years and can be renewed for an additional 5 years by filing a renewal application with the prescribed fee.
Design registration consultants assist throughout the process, ensuring compliance at every stage. Once registered, the design becomes an intellectual property asset, granting the owner exclusive rights to use, license, sell, or take legal action against infringement.
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