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Advocates & Legal Consultants
D-49, 1st Floor, Sector-63,Noida-201301, U.P.-INDIA0120-4740700, 4740722
Design application in
India
What is a Design
A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to any article, whether in 2-D or 3-D (or both) forms. This can be applied to any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to & judged solely to the eye. Design does not include any mode or principle of construction or anything which is mere mechanical device.It also does not include any trade mark or any artistic work.
Set of Articles
Any article of manufacture and any substance, artificial or partly artificial and partly
natural and includes any part of the article capable of being
made and sold separately. Examples of Set of ArticlesA set of cuff links and a tie
clipA Tea Set
A Coffee SetA set of table knives, forks
& spoonsAn Audio EquipmentA Set of electronic
calculators
Be new or original
Not disclosed to the public anywhere by publication prior to the filing date
Significantly distinguishable from known designs
Not a mere mechanical contrivance
Be applied to the article and the finished article should have aesthetic value
Essential Requirements of Registration
Books, jackets, calendars, dress-making patterns, leaflets, maps, postcards, stamps, medals
trademark or property mark or artistic work
Labels, tokens, cards, cartoons
Mere mechanical contrivance
Buildings & Structures
Parts of articles not manufactured and sold separately
Flags, emblems, signs of any country
Layout design of integrated circuits
Exclusions from scope of Registration
Designs which are primarily of artistic or literary character are not protectable under the Designs Act
The design must not be dictated solely by its technical function. Design protection is not accorded to features of appearance of a product which must be reproduced in their exact forms and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be assembled with another product such that each may perform its function.
Shape of a Key
Solely Functional
Not Registrable
Filing of Application
Application No. Allotment
Examination &
Examination Report
No Objections
Objected
Non-Compliance of
Objections
Communication of Objections
Abandoned
Compliance of Objections
Appeal to High Court
Hearing if Opposition
is contested
Re-examination
Refusal Removal of
Objections
Acceptance
If Appeal is
allowed
Notification in Official Journal
Issuance of Certificate
Procedure for
Registration
Benefits of Registration
The registration of a Design confers upon the Registered Proprietor or the exclusive right to apply a design to the article in the class in which the design has been registered. A Registered Proprietor can sue for infringement, in case of infringement of his rights conferred by the registration.The Registered Proprietor can license or sell his Design as legal property for a consideration or royalty.Registration of Design is initially granted for a period of 10 years and is renewable for a further period of 5 years. When a Design is registered, the Registered Proprietor shall have the Copyright in the Design for a initial period of 10 years renewable for another 5 years.
Piracy of Registered Designs
Following acts if done without the permission of the Registered Proprietor during the period of copyright in the Design, are considered to be Piracy.
For the purpose of sale, to apply or cause to be applied to any article in any class of articles in which the Design is registered, the design or any fraudulent or obvious imitation thereof, or do anything with a view to enable the design to be so applied;To import for the purposes of sale, without the consent of the Registered Proprietor, any article belonging to the class in which the Design is registered, and having applied to the design or any fraudulent or obvious imitation thereof; With knowledge that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the Design is registered without the consent of the Registered Proprietor, to publish or expose or cause to be published or exposed for sale that article.
Enforcement Remedies
Liable to pay a sum not exceeding INR 25,000
subject to a maximum of INR 50,000 recoverable
as contract debt
A suit for civil infringement can be
filed by the Registered Proprietor
of the Design
A suit for infringement/passing off can be initiated either in the District Court of High
Court depending upon the valuation of the Suit.
Under the provisions of the Customs Law, the
Registered Proprietor can also prohibit the
importation of the infringing goods in India.