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Do’s And Don’ts of Design Registration

Do’s And Don’ts of Design Registration

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Do’s And Don’ts of Design Registration

We shall examine some of the most important dos and don’ts of design registration under the Designs Act, 2000, in this blog for the benefit of interested readers.

Design registration in India – an overview

A design is defined under the Design Act of 2001 as a characteristic of a shape pattern or any type of configuration that includes lines and colors. According to industrial standards, the design can be two dimensional, three dimensional, or both.

The Design Act of 2001’s Section 2D further states that the design can be entirely evaluated by the eye and can be mechanical, manual, chemical, separated, or combined.

An organization’s design is considered intellectual property, and in order to protect it, the design must be registered. This will preserve the design’s esthetic attractiveness.

Incorporation and protection of designs in India are governed by Designs Act of 2000. The Design Act of 2000 replaced the Act that was first adopted in 1911. To prevent competitors from stealing your original idea, it is required by law to register your design.

Eligibility requirements

  • Any person, their legal representative, or their assignee may submit a single application for registration or multiple applications
  • The term “person” is used synonymously with forms of partnerships, smaller entities, and other corporate bodies
  • A representative or an agent is required to apply for a designed registration if the applicant is a nonresident Indian (NRI).

Benefits of having design registration

We now discuss some advantages of registering a design under the Designs Act of 2000.

Legal protection against design copies: Businesses can prevent others from exploiting their designs to create, market, or distribute items by registering their designs.

Longer validity: A certificate of design registration is good for 10 years. After this time has gone, the validity may be prolonged for a maximum of an additional five years.

Provides a distinguishing advantage: An advantage for a business owner is the design registration. With a registered design, a company’s products acquire a distinctive character and appearance from those of its rivals.

Maintains originality: Because the goods with registered designs are exclusive, they have never been utilized or published in India or another World Trade Organization (WTO) member state.

Getting client reaction: The fact that a design is solely assessed visually and appeals to the general audience is another significant advantage of registration.

Promotes innovation: Since uniqueness is one of the main prerequisites for registering a design, the product needs to be enticing and sufficiently distinctive from competitors to encourage innovation and healthy competition.

Law that regulates design registration

The Designs Act of 2000 controls the incorporation and protection of industrial designs generally in India. On May 11, 2001, the previous Act of 1911 was modified and replaced with the Design Act of 2000.

The Designs (Amendment) Rules of 2008 and the Designs (Amendment) Rules of 2014 further revised the Design Rules of 2001.

Types of design registration applications

Two categories of design applications exist:

  • Common application
  • A regular application that cannot assert priority

Reciprocity request

Priority is claimed over an application that was previously submitted in a convention country by a reciprocity application. Within six months of the date the application was submitted in the convention nation, the application must be submitted in India. Keep in mind that the 6-month period cannot be extended.

The Designs Act, 2000

The Designs Act, 2000 in India protects a product’s design. But a design must meet specific requirements in order to be eligible for this act’s protection. According to the statute, a design is qualified for protection if:

  1. It has not been registered or published before or does not resemble a design that has been registered or published before.
  2. The design has commercial use and can be applied on an article or object through an industrial process.
  3. Has only esthetic functionality which can be measured and judged solely by the eye alone.
  4. Does not have any mechanical functionality that lends to the primary functionality of the product.
  5. Does not come under the definitions of design under the Trademark Act, Copyright Act, or Section 479 of the Indian Penal Code (IPC) that defines a property mark.

Because any patent design will contain mechanical functioning that contributes to the product’s principal function and will immediately disqualify under criteria number 4, the Patents Act has not been specifically referenced here.

The collection of documentation required for design registration is clarified by the Design Act, 2000. Making sure that a product’s design has a unique form, arrangement, pattern, line composition, or combination helps the office of the controller general of patents, designs, and trademarks prevent copying.

A design may be registered in accordance with the Act if it has a distinct shape, configuration, pattern, composition of lines, ornament, or specific combination.

When it comes to developing and printing its products, every business has specific requirements. Having the proper supplies and tools is crucial whether you’re producing a single sort of product or have a group of designers working on various projects.

What is a design?

A collection of lines or colors applied to items may have characteristics, shapes, patterns, configurations, or compositions. India’s design registration is governed by the Designs Act, 2000, which went into force on May 11, 2001, and the Design Rules, 2001.

The Design Act covers a design’s esthetic appeal, but it excludes any form of construction, mechanical device, artistic creation, or other element that is solely mechanical or a part of a mode of construction.

A design registration is valid for 10 years from registration date and may be extended upon request for an additional five years. Priority application’s filing date coincides with the date of registration. However, according to customs, a prior application that was submitted in a nation may also claim priority over a later application.

What are the design registration criteria?

  • The Design Act, 2000 stipulates that a design must not have previously been utilized or published in any country before it is applied or registered.
  • The design must comprise its features, as well as shape, arrangement, pattern, composition, and decoration. It may not be restricted merely by the eye.
  • Moreover, the process or method of creation and application is not relevant.
  • There should be no artistic works, domain marks, or brandings belonging to other companies in the design.

Your design and the other designs that have previously been registered differ significantly, yet if it violates even one of the aforementioned requirements, it cannot be registered.

What documents are required for a design registration?

The following documents must be presented for design registration:

  • A duly well-certified copy of the original or certified extracts from all disclaimers
  • All affidavits
  • All declarations
  • Any other public documents may be made available on payment of a fee

You must submit the affidavit in the proper format. The controller regulates the costs associated with the design registration process

  • A nonjudicial stamp paper of ₹200 and properly signed by the owners or managing partners of the company (form-21 for agents and advocates, otherwise a general power of attorney must be obtained) is used to register
  • Four copies of the design
  • Photographs, drawings, or tracings of the design has to be submitted
  • The design must be shown on an A4-sized paper with proof of use and priority

The Design (amendment) Rules, 2014 defined two segments of applicants:

  • Individuals and
  • Nonindividuals

In accordance with their classification, applicants are subject to the various fee systems. The advantage for small businesses is a lower application fee for design registration. The owner of a design certificate has the legal right to forbid others from utilizing the design without his or her consent.

The owner of the design may file a lawsuit for damages against the infringer in the event that a third party utilizes the design without first notifying them. As a result, he or she is entitled to compensation for any design usage rights he or she violates.

What are the advantages of design registration?

  • An accurate design makes any article attractive as well as appealing, to enhance its commercial value and marketability. Moreover, the marketability of the product is increased by making it attractive.
  • The owner of any design can sue any individual or business for copying or imitating it, if the design of the product is deemed original and authentic.
  • Design registration protects the image or diagrammatic representation of products or packaging. The other party contesting the legitimacy of copyright must prove it if necessary.

A design registration might be thought of as the ideal substitute to show the validity of a copyright. When a designer creates something original and imaginative for a product, it gives the design personality. Its distinctiveness has its roots in the market, allowing it to carve out a niche for itself among all the other brands already in existence.

What is a registered design in India?

According to the Designs Act of 2000, a registered design is any model, structure, design, pattern, or composition used on any product, whether it is two-dimensional or three-dimensional.

Making good or service eligible for state-specific certification under national consumer protection and marking process is process of obtaining official government approval for it.

It simply means that you must receive its approval before you can start producing and selling your goods. This does not mean that you must obtain a licence from every state in order to market your product.

Designs that can be registered

A design must meet the following six requirements to be registered under the Designs Act:

  1. It must be new or original, not previously published or used in any country
  2. It must relate to the shape, configuration, pattern, or ornamentation that is applied or applies to an article
  3. Design plans, layouts, and manufacturing processes are not eligible for registration under the Act
  4. Designs of artistic nature, such as paintings, sculptures, and the like, that are not produced in bulk by industrial processes are also excluded
  5. The finished product should be appreciated only by the visual. This implies that the design must be visible on the finished item, for which it was intended.
  6. Designers may not apply for open items in the presence of closed ones, as those are normally sold in the closed state
  7. Anything that is essentially a mechanical device would not qualify as a design, regardless of its material or purpose. There are no trademarks or copyrights in the design.

Items that cannot be registered as a design

Based on the Design Act, the following items can never be logged in as a registered design.

  • Books, hoodies, government forms, university certificates, sports certificates, daily dates and calendars, holiday greeting cards, atlas and maps, posters, official stamps, sports and academic medals, medals, cinematic cartoons, and other tokens cannot be registered as a design.
  • Anything that has a principle or method of construction
  • Anything mechanical in nature
  • Constructed buildings and superstructures
  • Even unsold parts are sometimes subject to these nonstandard variations in the industry

Law applicable for design registration

For the registration and defence of industrial designs in India, refer to the Designs Act, 2000 and the associated Designs Rules, 2001, which went into effect on May 11, 2001. The Design (Amendment) Rules 2008 and the Design (Amendment) Rules 2014 revised the Design Rules of 2001.

Documents required

  • Form-21s for agents and advocates may be issued by a nonjudicial stamp paper of ₹200
  • The document has to be signed by the company’s proprietor, partner, or directors (otherwise, a general power of attorney must be used)
  • Photocopies of the design may be used or they may be drawn, painted, or photographed
  • A four-page information sheet must be included with the design, It should include the type of design, proof of its use, and priority.

Having understood the basics of design registration, let us now discuss the do’s and don’ts of design registration.

Dos and don’ts of design registration

A design is suitable for registration if it satisfies the prerequisites listed earlier. However, being registered is not the same as being eligible. To ensure that a design is safeguarded and preserved, there are a few do’s and don’ts that one must be aware of before and after registration. Let’s look at it.

Do keep a time log with description during the development of the design

Even though this is not a requirement when requesting a registration certificate, it unquestionably aids in proving clear ownership of the design. Therefore, you have solid proof in the event that your design is contested throughout the registration procedure.

Do check the portal for similar designs and consult an intellectual property (IP) expert if you find a similar design

Make sure to conduct a thorough search for comparable designs that may already be registered or may be in the process of registration before deciding to register your design. These are available on the Ministry of Commerce and Industry’s online intellectual property portal.

Contact an intellectual property specialist who can examine your case and advise you on the following steps if you do discover a design that you believe is similar to yours but are unsure of what to do next.

Do register your design if you find it to be unique

Make sure to register the design if you believe it to be original and you cannot discover any designs that resemble it on the web. Design registration is not required. However, there are several advantages to registering it.

First and foremost, the registration certificate acts as a legal replacement for ownership documentation. You receive sole commercial rights as a result. It raises the design’s market worth. Additionally, it gives the brand’s image more legitimacy.

Make sure all parties with access to designs sign confidentiality and nondisclosure agreements

You will need to give access to your design to a number of people when you commercialize your license. These could be advertising, dyers, printers, etc. Therefore, if you give someone access to your design, be careful to have them sign a confidentiality and nondisclosure bond promising to keep the design private. This makes sure that any financial losses brought on by unintentional design exposure can be compensated through the legal system.

Make sure the registration document is readily accessible and on public record adjacent to the design

When sharing a design with public, make sure to include registration number from the design’s registration certificate so that people are aware that any copycat or unlawful use of the design will result in legal action and penalties. This is merely a method to prevent anyone from carrying out such actions or from making the claim that they are ignorant.

Do periodically search the portal for applications with a comparable design to yours

Even after registering the design, you must periodically check the portal to make sure that no one has submitted an application for a design that is similar to yours or may be mistaken for it. The controller is obligated to exercise due diligence to the best of his ability while an application is in progress.

However, the controller’s resources are constrained, and they can only look at so much. In order for all interested parties to view the application and voice their objections if they believe the design shouldn’t be granted a certificate, they post it on the site for a while before giving the certificate.

Avoid submitting a design that is similar to one that is already registered

It is preferable to not submit an application for registration if you discover that a design that is very similar to yours has already been registered and an intellectual property expert believes that the design might not be accepted. Instead, approaching the design’s owner and obtaining a license might be more practical.

The controller will, however, provide the certificate to designs that are similar in general but distinct in some particular ways if you locate more than one similar design that have already been registered. In this case, you can move through with the application. Given that more than one design with a comparable appearance has already been accepted, you are also aware that the likelihood of objections is low.

Never claim that a design is registered when it isn’t

In terms of forgery and fraud, saying that your design has been registered without actually possessing a certificate is illegal. A design’s worth is increased by the registration certificate, which also grants it specific authority and privileges that unregistered designs are not entitled to.

Therefore, increasing the value of your design by asserting that it is registered is dishonest and fraudulent. Additionally, anyone can check on the Internet intellectual property portal to see if your design is genuinely registered or not.

Making untrue statements like this can damage the value of the design even though it may be original and one of a kind.

Avoid missing a deadline imposed by the authorities in relation to application form flaws

The inspecting officers working under the controller will frequently ask for clarifications or may even point out form flaws when a registration application is submitted. Before making a report to the controller, the officer must conduct exhaustive due diligence.

So, with a deadline, he or she will issue a request for clarification or for the correction of errors. The form will be automatically labeled as “abandoned” and the application request will be terminated if no response is received before the deadline. This implies that the procedure will have to be restarted from scratch, incurring new costs.

After 10 years, don’t forget to renew your registration

A design’s certificate of registration is valid for 10 years, under the act. The certificate will be reissued for five more years if the owner applies for an extension and wants to extend beyond the standard 10-year period.

Although 10 years are normally plenty to commercially exploit a concept, it wouldn’t hurt to prolong it by five years so you can keep the sole right to sell or license the design.

Never engage in financial transactions without first obtaining a value certificate

One type of intangible asset is intellectual property. To evaluate an item, one must first determine its basic salvage value, which is its value as scrap or as the stuff it is made of. After that, we factor in economic factors like supply and demand to determine the product’s market worth.

Intangible assets cannot be valued in the market using the conventional methods since they have no salvage value. The importance of intellectual property to a company’s performance cannot be understated, however, and doing so would not offer a true picture of the balance sheet of the company.

As a result, the World Intellectual Property Organization (WIPO) has established the procedures for determining the financial value of intellectual property. Given that a registered design has increased financial value, make sure to wait to enter any financial transactions until the asset’s value has been established

Registration numbers for designs

At the conclusion of 1883, a mechanism for allocating a unique number to registered designs was introduced. The earlier “Diamond” registrations were replaced by this one. When employed, such Registered numbers (Rd No….) provide an exact date for the initial production of a design.

These designs may then be produced in large quantities for as long they were required or in style, therefore dates given by numerals merely indicate the oldest possible date of production for an object. Many of the statistics would have only been utilized for a short period of time and so do provide a useful reference because design advancements have always been a driving force in industrial civilizations.
These rough estimates of the first numbers issued each year might be used to estimate the start year of manufacture.

Given that it is currently unclear how much an intellectual property contributes to the income of business, intellectual property is a relatively new topic, and new provisions are added every year. It is evident from our discussion thus far that a “design” is the intellectual property of a person or a company. We hope that readers who are interested in patenting their designs based on the protocols discussed in this blog will find this blog to be helpful.

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