A design is registered and protected in India by the Designs Act of 2000 and the Design Rules, 2001. Furthermore, the Design Rules, 2001 were amended by the Designs (Amendment) Rules 2008 and the Designs (Amendment) Rules 2014 to add a new category of applicants incorporated under the identity of a small entity or a natural person. The Designs Act protects original and new designs applicable to a particular article.
How can Design be defined?
Understanding the meaning of ‘design’ is crucial to understanding the registration and protection of Indian designs. Design refers to the ornamental and aesthetic aspects of an article, such as its shape, its pattern, its lines, or its color.
Also, according to the definition of design given under Section 2(d) of the Designs Act 2001, a design is ‘only the features of a shape, pattern, configuration, composition or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a mere mechanical device’.
How Do I Submit A Design Registration Application?
Design registration Form plays a key role in influencing consumers to purchase products they find attractive, while products that are less attractive might go unnoticed. The artisan, creator, or originator of an appealing design will not lose out on his true reward if the design is registered, since others cannot use the same design for their own products.
Applicants for the registration of a design can submit their applications to five different authorities, including:
- Office of Patents in Kolkata
- Delhi’s patent office
- Ahmedabad’s patent office
- It is located in Mumbai.
- Chennai’s patent office
Applications submitted at any of the four offices in Delhi, Mumbai, Chennai, and Ahmedabad are redirected to the Kolkata head office.
The essential requirements for registering a design
Let’s look at the essential elements that are necessary for designing registration before we discuss the registration process. Design registration and protection require the following elements to be met in accordance with the Design Act of 2000:
a. Design that is unique and original
There should have been no previous publication or use of the design in any country before the date of application for registration.
b. A description of the design’s features
A product’s design is essentially its shapes, patterns, configurations, and compositions.
c. No artistic or commercial works or trademarks are allowed
Neither artistic works, trademarks, nor property marks should be included in a design.
If this design is registered, it should differ significantly from similar designs already registered.
d. Scope of application
In order for a design to be eligible for registration under the Designs Act, 2000, it must be applied to any article through any industrial process.
e. Visually appealing
Under the Designs Act of 2000, the finished article’s design must be immediately recognizable, i.e. the features of the design must appear on the article.
f. Irresistible
The government of India or any other authorized institution must not prohibit the design in order to be able to be registered under the Designs Act of 2000. The Controller may not allow the registration of a design if it causes any kind of unrest or hurts people’s sentiments.
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