Design Registration
Design registration is a type of intellectual property protection under which a newly created design applied to an article created under an industrial process can be protected from counterfeiting. This registration provides authority to the owner to use the Design for ten years, and the time can be further extended for the next five years.
Various industrial designs are registered and protected through the process of Design Registration in India. The entire procedure of the Design Registration is governed under the Designs Act-2000 and the corresponding Designs Rules-2001.
A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.
Why need a Design registration?
A unique industrial design points towards the conception of new and innovative features of a product, which are easily identified by the distinctive shape, formation, patterns, beautification and combination of such shapes or shades applied. An exceptional design in its completed stage appeals to the eye at first sight. It projects a very positive influence over the customers in the market. Here are some of the key reasons why a business entity needs a Design Registration:
1. To get effectual and well-situated legal shield for safeguard of unique designs in India from being imitated or misused.
2. To promote and develop creativity and originality.
3. 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.
Eligibility Criteria for Design Registration in India
The following are the requirements to meet before applying for design registration.
1. Design should be new or original and not used in any country prior to the date of application.
2. The design should relate to features of shape, configuration, pattern, or ornamentation applied or applicable to an article.
3. The design should be applied or applicable to any article by any industrial process, implying the bulk production of an article. Articles such as paintings, sculptures, etc., are excluded from registration.
4. The design must be visible when applied or applicable to the article for which it is created.
5. The design must not contain any laudatory or obscene matter
6. It should not be against the public's law and order or morality.
7. Photos required of design from all angles.
Documents Required for Design Registration
The following documents are to be submitted to get design registration:
A certified copy of the original or certified copies of extracts from the disclaimer
Affidavits
Declaration
Other public documents can be made available on payment of a fee.
The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the controller may regulate the cost involved in design registration according to the fourth schedule.
Benefits of Design Registration in India
Here are some advantages of registering a design under the Design Act 2000:
1. Legal Protection against Design Copies: By registering their designs, businesses can stop others from using their designs to make, sell, or distribute products.
2. Longer Validity: A design registration online certificate is valid for ten years. The validity may be extended after this period has passed for up to an additional five years.
3. Provides a Distinguishing Advantage: The design registration gives a business owner a differentiator. This means that a business entity's products take on a distinctive character and appearance from those of its competitors with a registered design
4. Maintains Originality: The products with registered designs are unique, meaning they have never been used in India or published in another WTO member state
5. Getting Client Reaction: Another important benefit of registering a design is that it is only evaluated visually and appeals to the general public.
6. Promotes Innovation: Because one of the primary requirements for registering a design is uniqueness, the product must be alluring and sufficiently different from rivals to promote innovation and healthy competition
Types of Applications for Design Registration
There are 2 types of Design Application:
1. Ordinary Application
An ordinary application does not claim priority.
2. Reciprocity Application
A reciprocity application claims priority of an application filed previously in a convention country. Such an application shall be filed in India within 6 months from the date of filing in the convention country. The period of 6 months is not extendable.
Cancelling a Registered Design
As per the Design Act of 2000 under Section 10, the applicant has the authority to revoke a registration under the following circumstances -
1. If the design is already prevalent
2. If the design registration is not unique
3. The design is already registered
4. Before the registration date, the design had already been published in another nation
5. Does not follow the Design Act's guidelines for what constitutes a design.
Process for Design Registration
The first thing to be noted is that the application to register a design may be applied to five different authorities:
– Controller Designs Patent Office in Kolkata
– Patent office in Delhi
– Patent office in Ahmedabad
– Patent office in Mumbai
– Patent office in Chennai
When an application is submitted at any one of the four offices in Delhi, Mumbai, Chennai and Ahmedabad and are rerouted to the head office in Kolkata,
The following is the application procedure for filing for a design registration:
1. The application must be filed with Form-1 along with the following details:- Name of applicant. – Address of the applicant. – Nationality of the applicant. – In the case where the applicant is not a natural person, i.e. a company, etc. you must include information regarding the place of incorporation and the legal status of the entity. – The required fee applicable.
2. The class and the sub-class of the article under the Locarno Classification, of the article embodying the design.
3. The name of the article to which the design is applied upon.
4. Representation of the design. In the case where the design is two dimensional, two copies of the design are to be submitted. In the case where the design is three dimensional, two copies of the design from the viewpoint of the front, back, top, bottom, and the two sides must be submitted. Further, the applicant must also highlight the unique features of the design that sets it apart from any other existing designs.
5. If the application is to register the design in more than one class, each class of registration must have a separate application.
6. Statement of disclaimer or novelty must be attached to each representation with respect to mechanical processes, trademark, numbers, letters etc. it should also be endorsed and duly signed and dated on each representation by the applicant or the authorised person on behalf of the applicant.
7. After submission of the application, the patent office will examine the application and raise objections, if any. Upon the clearance or removal of all objections, the design shall be granted a copyright certificate by the patent office.
8. The registration of the design is valid for ten years from the date of registration.
9. The period of registration may be extended by another 5 years before the expiry of the first ten year period by submitting an application through Form-3 and paying a fee of Rs 2000.