Design Registration
Design registration gives exclusive right to its owner and creator. The registration gives authority to the creator to use the design for a period of ten years, the time period can be extended for five more years. In case of any infringement, the owner can seek legal help under the Design Act.
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Design Registration required mandatory
Why need a Design registration?
- To get effectual and well-situated legal shield for safeguard of unique designs in India from being imitated or misused.
- To promote and develop creativity and originality.
- It is a mandatorycompliance for all the companies located in the WTO Member nations who have signed the Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement.
Pricing
(Simple & Clear Pricing. No Hidden Charges)
| Government Fee | Rs 0 |
| Professional Fees | Rs 1,459 |
| Goods & Service Tax | Rs 00 |
| Total Cost | Rs 1459 |
Design Registration
(All you need to know)
Registration and protection of designs in India are regulated by the Designs Act, 2000 and the Design Rules that were enacted in 2001. The introduction of the Design Act, 2000, repealed and replaced the Act that was introduced in 1911.
The Design Rules, 2001, was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The latest development in the rules established under this Act is the introduction of a new category of an applicant that is incorporated under the identity of a small entity in addition to a natural person.
1.Protection: The primary objective of creating the list is to aware competitors regarding the registration and hence protects them from counterfeiting
2. File Skillfully: It is vital to file expertly for the registration of a design since it is the easiest method to make sure that the Design is safeguarded properly
3. Government Procedure: The registration of a design is a somewhat boring process that is only completed by the Registrar. Registrar goes through the premises
4.Timeline: The application of Design Registration often goes through various time-bound reply or action from the applicant.
Eligibility Criteria for Design Registration in India
To register a design and safeguarded under the Design Act, 2000, it is mandatory to fulfil the following criteria:
- The Design should not contain any artistic works, trademarks, or property marks;
- The basic of the Design is the features that are signified by the patterns, ornamentation, shapes, configuration, a composition that applies to an article;
- The Design should be original and unique or not previously published in any nation before the date of application of Design Registration;
- The designs not only appreciated with the eyes. The process of creation and application is completely irrelevant;
- There should be a major difference between your designs and other designs that have already been registered. Similar designs, even if it is somewhat different doesn’t qualify to be registered.
What is the Procedure of Design Registration?
Finishing the Design is the first step towards product achievement for any organization. A vast measure of assets and time is spent making plans that show up in the marketplace and take the customer’s attention. Organizations might want such plan rights to be secured with the goal that their valuable ideas are not taken by any 3rd party.
The office of the administration responsible for the registration of the mechanical plan is the Office of the Controller General of Patents, Trademarks, and Designs. Registration and safeguarding recent plans in India are directed by the Designs Act, 2000.
The lawful meaning of “Design” indicates the highlights, for example, pattern, colour, shape, configuration, or colour or a mix applied to any product or an article by any mechanical procedure, which in the completed article pleas to the eye. It does eliminate any rule of development or any trademark, property or creative mark. The structure should be new or unique and must not have been distributed in any country prior to the date of the registration application.
Following is the process of Design Registration:
The first step is to check if you have registered your Design in the previous. For that, you need to file an application to the Office of the Patent. It is good of you to register your designs as soon as possible because the system works on the basis of the first-to-file rule.
Then, you need to write an application for the registration and provide the information such as full name and address, whether you are an individual or an entity, detail about the article and its class, etc.
Once you fill and submit the application, then the Patent Office inspects it. If it's all together, it gets registered and approved, and later, the Registration Certificate is issued to the applicant or the owner. After the planned recording, the article, along with other bibliographic information, gets advised in the Patent Journal Office, distributed. The complete thought could take around a year in the complications event.
Once your Design is completely registered, it makes an entry into the Registrar; it's a document that Patent Office maintains. It consists of the design number, class number, filing date, name, and address of the owner. The validity of Design Registration is up to ten years, and further, it can be extended for the next five years.
India is one of the participants of the Paris Convention, so the arrangements for the privilege of need are relevant. This case allows you to file another application in a different country for alike or Trademark, significant as of the date of filing the primary application.
In case of any design infringement or violation, the owner of a registered design has the power to take some lawful action to stop misuse and to claim any damage. The lawbreaker has to pay Rs. 25,000/- for any damage caused by the lawbreaker.
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Frequently Asked Questions
How can ownership of Design registration be transferred?
The ownership of a registered design can be transferred in the following ways:
Assignment;
Transmission;
License Agreement.
What is the Validity of Design Registration?
The validity of Design registration is of 10 years, and after then years, it can be extended for five years
What is the objective of a Design registration?
The primary objective of Design registration is to deliver the design creator or owner an exclusive right to exploit the Design and use it for commercial purposes.
Is design registration mandatory?
While a design registration is not compulsory, it is suggested to have one because a registration protects the design’s uniqueness and originality.
What is the protection provided to a design registration?
Whenever a design is registered, a copyright is bestowed upon the registered design for 10 years (extendable by five years). By way of this, the proprietor gets an exclusive right over the usage of the design in the class in which it has been registered.
What is the right time to file for a design registration?
One should file for design registration at the earliest to obtain exclusive rights over the design. This is because the person who registers for registration first will get the proprietary rights over the design
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