Applying for a job: To register a design, it is necessary to draft and file an application with the Controller of Designs that includes the design owner’s details, the design details, etc. The applicant must consult an IPR lawyer in India to draft and file the application as well as to understand the entire design registration process.
The application is examined
At this stage, objections may be raised against the application for design registration by the Controller of Designs.
- Application accepted if no objections are raised.
- Application objections are communicated to the applicant. If the applicant complies with the objections, the application is accepted by the Controller.
- Applicants who fail to comply with the requirements are considered to have abandoned their applications.
- A Controller may accept and remove objections from an application if the applicant contests the objections and provides sufficient reasons to do so.
- With the help of an IPR advocate in India, an appeal can be filed if the applicant’s arguments are rejected, and the application for design registration is design attorney in India
Acceptance Of Design Registration Application
In the Official Journal, the design is notified once it is accepted for registration.
Certificate Of Registration
A certificate of registration is issued to the owner of a design once it is notified in the Official Journal.
Duration Of Design Registration
As a rule, the duration of a design registration is ten years from the date of registration, but ten years after the claim to priority has been granted. Before the expiration of the said initial period of Copyright, the Controller may extend the initial registration period by a further five years upon receiving an application along with a fee. Indian IPR attorneys can help you renew your design registration.
Cancellation Of Design Registration
After a design has been registered, it may be canceled by petitioning the Controller of Designs with a fee on any of the following grounds:
- In India, the design has already been registered
- Publication in India or elsewhere prior to registration or
- There is nothing original or new about the design
- The design cannot be registered
- In accordance with Section 2(d), it is not a design.
Piracy Of A Design
A design infringement occurs when a design or an imitation of a design is applied to an article of the class of articles in which it has been registered for the purpose of selling or importing such articles without the owner’s written consent. It is also illegal to publish or sell these articles with the knowledge that the design has been unauthorizedly applied to them.
Penalty For Piracy Of Registered Design
For each violation of the copyright in a design, the perpetrator will pay a sum not exceeding Rs. The registered proprietor is entitled to 25,000 rupees, up to a maximum of Rs. 50,000 recoverable as contract debt for any one design. In the event of such a violation, the registered proprietor may bring a suit seeking damages as well as an injunction to prevent it from occurring again. A suit for infringement and recovery of damage should not be filed in any court below that of the district judge.