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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.