DESIGN REGISTRATION
What is Design Registration?
“Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device. Designs are governed by the Designs Act, 2000 and rules made thereunder.
Prohibition on registration of certain designs-
A design shall not be registered if the design:1. Is not new or original; or
2. Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
3. Is not significantly distinguishable from known designs or combination of known designs; or
4. Comprises or contains scandalous or obscene matter; or
5. Should not attract the provision of section 4 of Designs Act,2000; or
6. Not contrary to public order or morality
Items that cannot be registered as a Design:
1. Item whose design is or contains any industrial plans, layouts, and installations2. Flags and emblems or signs of any country cannot be registered
3. Mere alterations or change in the size and orientation or mechanical contrivance of a design
4. Design including buildings and structures
5. Labels, cartoons, cards, or tokens that can be made as part of an article
6. Books, jackets, calendars, certificates, forms, maps, greeting cards, pamphlets, stamps, medals, etc.
Advantages of Design Registration
1. Statutory right – accrues only on registration (territorial)2. Right to prevent all other from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation
3. Monopoly Period of 10 years extendable by 5 years
4. Gives you a Unique Selling Point (USP)
5. Is an asset & can be licensed
Procedure for Design Registration:
1. Application duly filled in on Form 1 along with the prescribed fees, stating name & full address, nationality of the applicant. If the Applicant is not a natural person the legal status and the place of incorporation.
2. Name of the article to which to which the design is to be applied.
3. Class & Sub Class of the article embodying the design is applied under the Locarno Classification
4. Representations illustrating the views of the article wherein the originality lies. The representations can be in the form of photographs or drawing figures showing the perspective, front, rear, top, bottom and side views of the article (2 copies of each view) If the design is to be registered in more than one class, a separate application shall be filed for each class.
5. A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet and should be duly signed and dated.
6. When colour combination is the essence of a design as applied to an article, the same shall be clearly depicted in the representation.
7. After examination of the application by the Design Office, objections, if any, are raised thereto than on removal of the objections, the certificate granting copyright in registered design is issued by the Design Office.
The duration of the registration of a design is initially ten years from the date of registration but in uses where claim to priority has been allowed, the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright.
Documents required for Design Registration:
1. Two copies of representation of the design shall be submitted.
2. Power of Attorney
3. copy of the design application filed in the Convention Country. Such copy shall be duly certified by the Official Chief or Head of the Organisation in which it was filed.
4. 2 copies of Representation Sheet. Photographs should be pasted on the representation sheets with the help of adhesive and not by other means like stapler, pin and cello tape. One of the copies of representation sheet shall not
5. be covered by cellophane or tracing paper so as to enable digitization.
6. In case, name or representation of living persons appear on a design, consent of such persons may be submitted along with the application. In case of a deceased person, the consent of legal representative may be submitted.
7. A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, word, letter, numerals should be endorsed on each representation sheet.