In India, one crucial element of protecting intellectual property is Design registration. The gathering of records necessary for design registration is made clear by the Design Act of 2000. In order to prevent counterfeiting, the Office of the Controller General of Patents, designs, and Trademarks makes sure that a product’s design has a unique shape, configuration, pattern, line composition, or combination of lines. A design may be registered in accordance with the Act if it has a special form, arrangement, pattern, line composition, ornament, or specific combination.
This blog post covers all you need to know about documentation needed for registration, like what it is, who needs to file it, and precisely how it could be advantageous to your company.
What is a Design?
According to Section 2(d) of the Designs Act of 2001, Design refers to distinguishing characteristics of shape, figure, or blueprints, or composition of lines, hues, pattern, configuration, composition, or ornament of lines or colours or a combination thereof, that are added to an article.
Designs Act, 2000 and Designs Rules, 2001 govern Design registration in India. The Design Act addresses the visual appeal of a design; it does not cover any mechanical device, construction technique, creative artistic expression, or other mechanically based components.
In the end, the Design registration is valid for ten years from the registration date. At the request, an extension to five years is possible.
Advantages of Registering Designs
There are numerous benefits and protections for designers who register their designs.
- The owner of an article in the class for which a design has been registered is granted an exclusive right upon registration of the design.
- The only rights to protect their intellectual property belong to the registered owner of the design. The owner of the registered design has the sole right to file a lawsuit for infringement if someone else violates his rights.
- A registered design owner is fully entitled to sell his creation or license in return for payment or royalties.
- A design that is protected cannot be copied or imitated by another party unless the owner grants permission.
- This gave the owner of the design the guarantee that their work is unique and that the purchaser may identify their design as their own with ease.
- It grants the owner sole authority over the good.
- You can pay a fee to extend your registration beyond the first ten years of validity.
Important Conditions for Design Registration
The following are the requirements in order to register a design:
- It must be fresh or original, and prior to the registration application, it cannot have been published or used in any other country.
- It must be associated with the article for which registration is being asked in terms of its form, design, arrangement, or embellishment.
- Any distinct object produced by any commercial process should be able to be used.
- The article’s design element needs to be unique.
- When submitting an application for a design registration, creative thought for a novel and a unique design should be included.
- The design needs to stand out from other well-known designs and be notably original.
- It should not be sensational, indecent, or immoral.
- The Guidelines in Section 4 of the Design Act should not apply to it.
- Applying a well-known form or pattern to fresh resources could be innovative.
Who may submit a registration application?
Anyone may apply for registration if they believe they are the owner of a new or original design that has never been published before, does not violate section 4 of the Design Act, and does not fall within any of the other categories.
Now, “any person” refers to and involves the following: the design proprietor, an individual, a firm, a partnership firm, or a company or other legal body. An agent may also be used to file an application.
Information Required for Registration of a Design
- Applicant Name, residence, nationality, and other information
- Company information, if registering as a company
- The article’s name and the design that has to be registered
- Power of Attorney
- Class of the article
- Details of the person who is signing a Power of Attorney.
Documents Needed to Register a Design
The following paperwork is necessary for design registration:
- Owner’s Aadhar Card and PAN card
- One partner’s or director’s Aadhar card (in the case of a partnership firm or company)
- GST registration of business
- A company’s certificate of incorporation (if applicable)
- The partnership deed, when a partnership firm is involved
- A power of attorney should be signed by the director, partner, or owner and presented to the agent.
- Image of the article, including front, back, side, and down views
- Synopsis of the unique features of the article
- Documentation (if there is a history of registration).
Validity of Design Registration in India
Design registration in India is valid for 10 years, after which it can be renewed for an extra five years by paying the required fee. If the extension is not completed by the deadline, the Design will lapse, but you can ask for a renewal.
If the extension payments are not made, the restoration application must be submitted within a year following the Design’s expiration. The necessary extension payments must be made after the restoration application is accepted.
The unauthorized use of a registered design
The owner’s rights are violated if someone copies or imitates a registered design, and that person may be fined for each violation. Additionally, the owner has the option to send a notice for the exact same thing and to bring the offending party to court to get compensation for damages. In order to protect the ownership rights, an injunction lawsuit may also be brought against the offending party.
Conclusion
To preserve ownership rights, it is usually advisable to acquire a registered design. The owner of a registered design has an exclusive right. If someone copies the design without the owner’s permission, legal action may possibly be taken. Legal professionals must always assist with the filing of design registrations in order to avoid any form errors. Legal professionals are able to deal with any problems with the application and respond to departmental queries.
With years level of expertise in intellectual property, our team at Kanakkupillai has the know-how to help you at every stage of the Design Registration procedure.
FAQs
- What is the cost of design registration in India?
In India, the price of registering a design consists of both government and legal fees. The technicality of your application will determine how much legal fees will cost.
- To whom do I submit my application?
Send an application to The Controller of Designs, The Patent Office, Kolkata, in order to register a Design.
- How can one find out if a Design has already been registered?
To find prior registrations, one can search the Indian Design Office’s public documents or use Internet resources.
- Is registering a design mandatory?
No, in India, registering a design is not mandatory. But there are a lot of benefits, like the ones listed above, to registering your design.
- When is the best time to submit a design registration application?
The earliest possible design registration application is suggested in order to obtain exclusive rights to the design. This is so that the owner of the proprietary rights to the design, whoever registers for registration first, can benefit.
