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Designs are generally essential for proper functioning, higher efficiency, better utility, and impressive aesthetic considerations. Therefore, designs are requisite and vital constituents of the diverse products, instruments, equipments, etc., of almost all fields of economy. Again, the Designs cover both Two-Dimensional and Three-Dimensional articles, objects, and products. A design can be anything starting from the strategic collection of lines and patterns on the textile items or plates, to contour of a car or machine part, or the shape of a part of any household product, say the Kettle Handle. Thus, the gamut of designs is fathomlessly extensive in every products and objects of diverse sectors of economy in any country. In the present article, we will deal exclusively with design selection, design registration search, design registration, and registered design infringement.
In India, the design registrations are governed by the Designs Act of 2000, and the Designs Rules, 2001. According to these Acts, the following characteristics must have in a design, for it to be suitable for proper registration:
- It should have a New and Original shape, configuration or contour, composition of lines or colors, patter or ornamentation, or material, etc.
- It must be unique and distinct from all designs in the Prior Art
- It can be mass produced involving industrial processes, and sold to the market separately
- It should not include any Trademark defined in the Section 2 (v) of the Trade and Merchandise Marks Act of 1958; and the property mark or artistic works defined under the Section 2 (c) of the Copyright Act, 1957.
- A Design should be perceptible clearly to naked eyes
The design registration search is customary to perform first with the help of reliable experts, to be assured of uniqueness and acceptability of the design(s) to be offered for registration, and for keeping at bay any chances of being committed any design infringement on other’s registered designs. Our well-informed and mellow professionals conduct comprehensive and discerning design search through all prior art, all applied design registration applications, and design databases, in the national and global spheres.
Registered Design Infringement
The registered design infringement is infringing upon the registered design or designs of some other persons, companies, or organizations, in any way, without the permission, authorization, or consent of its owner. It derives huge penalties and even punishment. However, the total sum recoverable from the infringer should not exceed Rs. 50,000/- as contract debt in respect of any one design, as is stated in the section 22(2)(a).
The design registration offers some exclusive rights to the owner of registered design, which are effective for the specified period of time. In India, this period-duration is for ten years from the date of registration or the priority date, which can be further extended in terms of five-year periods, through Form-3 together with applicable fee (at present, Rs. 2,000/-). These exclusive rights granted to the owner enable him/her/it to use the registered design as per one’s free will for personal and commercial profits; sell, or hire the same; contract with national or international investors of companies for utilizing the design for some specified periods; or even can authorize a person for doing any of these activities; and take rigorous legal actions against its design infringements if arise.
Registering Design By Experts
The application for design registration is submitted to the Controller of Designs, in the region, State, or Federation. The design registration process encompasses the works of design selection, design registration search, filing of design registration application, prosecution to design registration, meticulous examination and verification by officials of concerned office, and then issuance of design registration certificate. Our experience intellectual property lawyers and other corporate professionals, provide these all services at quite reasonable charges, in India and abroad. For design registration in india, the following documents are requisite:
- The details of the applicant (name, address, nationality, etc.)
- The details of the Design (proposed for registration). This section essentially requires presence of an experienced and expert hand.
- Priority Claim details, if applicable
- Power of Attorney